Child Custody Matters Require Human Touch; Cannot Be Decided Solely On Legal Provisions: Tripura High Court
The Tripura High Court has held that child custody disputes cannot be decided merely on technical interpretation of legal provisions. The Court emphasized that such matters involve human considerations and custody issues require a sensitive approach, and that the welfare and well-being of the child must remain the paramount consideration while determining custody. A Division Bench of Justice...
The Tripura High Court has held that child custody disputes cannot be decided merely on technical interpretation of legal provisions. The Court emphasized that such matters involve human considerations and custody issues require a sensitive approach, and that the welfare and well-being of the child must remain the paramount consideration while determining custody.
A Division Bench of Justice Dr. T. Amarnath Goud and Justice S.Datta Purkayastha remarked that: “Such cases cannot be decided solely by interpreting legal provisions. It is a humane problem and is required to be solved with human touch………. The child is not a chattel or a ball that is bounced to and fro. It is only the child's welfare which is the focal point for consideration.”
The petitioner, Smt. Prabha Rani Das filed a writ petition under Article 226 of the Constitution seeking production and custody of her minor daughter. She alleged that the child was being illegally detained by hospital authorities and later by a child care institution in Vellore, Tamil Nadu.
She submitted that her daughter of 4 years, was suffering from breathing problem for which she was under constant treatment of doctors of Agartala, Gauhati and Kolkata.
Later for better treatment she was taken to Apollo hospital and on the advice of the attending doctors she was taken to CMC, Vellore for her better treatment where doctors opined that she suffered from colostomy disease.
She contended some probationary doctors treated her minor daughter in a wrong method and when she raised objections they abused and ousted her from the hospital.
She further submitted that she was neither allowed to meet her minor daughter in the hospital nor was she allowed to breast feed her.
She alleged that after she cleared all the bills, the doctors told her that as the daughter suffered from psychiatric problem, they cannot handover the custody.
Aggrieved, she filed a writ petition before the High Court.
The Court remarked that the doubts raised regarding the biological relationship between the mother and the child were resolved through a DNA test conducted by the State Forensic Science Laboratory and as per the reports it was established that the petitioner was the biological mother.
Further the Court stated that In child custody matters, the writ of habeas corpus is maintainable where it is proved that the detention of a minor child was illegal and without any authority of law.
Thus, the Court allowed the petition and directed that custody of the minor child be handed over to the mother and that State authorities facilitate her safe return to Tripura.
Case Name: Smt.Prabha Rani v/s State of Tripura
Case No.: WP (C ) (HC) No. 14 OF 2022
Date of Decision: 04.02.2026
For the Petitioners: Mr. P. K. Biswas, Sr. Advocate. Mr. P. Majumder, Advocate, Mr. R. Nath, Advocate, Mr. P. Biswas Advocate
For the Respondents: Mr. S.M. Chakraborty, A.G., Mr. R. Datta, P.P., Mr. S. Lodh, Advocate, Mr. S. Majumder, Advocate