Being Natural Guardian Doesn't Entitle Father To Take Child's Custody By Force: Madras High Court
Upasana Sajeev
10 Nov 2026 11:30 AM IST
The Madras High Court recently held that a father, though being a natural guardian of a minor child, cannot take the child's custody by force and should seek custody only in accordance with the procedure established by law. [2026 LiveLaw (Mad) 539]
The bench of Justice AD Jagadish Chandira and Justice B Karthikeyan thus directed a father to hand over his 2.5-year-old minor child to the mother.
“Though the third respondent is the father and natural guardian of the child, who is just about 2 ½ years old, the custody of the minor child cannot be taken by force and must be sought in accordance with the procedure established by law,” the court said.
The court passed the orders in a habeas corpus petition filed by the mother seeking directions to the Commissioner of Police and the Inspector of Police to produce her minor son, who was in the illegal custody of the father.
According to the mother, the couple married in 2021 and had two children from the marriage. She submitted that she was subjected to verbal and physical abuse and harassment by the father. During a matrimonial dispute, the father had threatened the mother with an aruval (sickle) after which she left the matrimonial home with the kids and started residing with her mother.
The mother submitted that in August 28, 2026, the father came to her home and forcibly took away the minor child. Though she lodged a police complaint, no action had been taken which prompted her to approach the court by way of the habeas corpus petition.
The father, however, submitted that he was the father and natural guardian of the child. He submitted that he had secured admission for the child in a school but since the mother did not come with the child, he went to her residence and took the child. The father also accepted that there were matrimonial disputes pending and an amicable settlement could be reached if the parties are sent for mediation.
The Additional Public Prosecutor informed the court that enquiry had commenced based on the mother's complaint. It was submitted that the father had not appeared before the police despite summons and had instead sent a reply stating that he was taking care of the child.
After considering the materials, the court directed the father to hand over the custody of the minor child to the mother.
Counsel for Petitioner: Mr. K. Venkatesan
Counsel for Respondent: Mr. M. Mohamed Riyaz Additional Public Prosecutor, Mr. A. Nagarajan
