No relief to woman seeking direction to produce grandson in court

The Bombay high court recently rejected a petition filed by an elderly woman seeking directions to authorities to produce her seven-year-old grandson in court. The woman, who is the boy's maternal grandmother, has alleged that he is being illegally detained by his father.

The court noted that the respondent being the biological father is the natural guardian of the child and, hence, it can't be said the child is in his custody illegally. The woman had moved court claiming that the boy used to stay with her after the death of her daughter in 2013, the father had only access rights as per family court orders. However, she alleged, the father had wrongfully taken the child away.

The woman, a resident of Pune, had also sought directions to the passport authority to confiscate and deactivate the father's passport, as she was afraid that he might take her grandson out of India.

A division bench of justices VK Tahilramani and BP Colabawala, after going through the facts of the case, noted, "We are of the opinion that as the matter relating to the custody of the child is pending before the family court, it would be appropriate if it is left to that court to decide the issue."

The court rejected the plea for habeas corpus as the woman had moved the Pune magistrate court seeking the same relief and a notice was issued to the father. Advocate HS Venegaonkar, appearing for the Union of India, argued that passport cannot be cancelled or deactivated for reasons mentioned in the petition.

It can be done under section 10 and 10 A of the passport Act only when a person is convicted, or in other circumstances stated in the Act. The court accepted the arguments.