Justice Chitambaresh Quotes Song From Rajnikant's Movie 'Mannan' While Allowing Habeas Corpus Plea By Mother
In a judgment, passed on 7 February, Justice Chitambaresh of the Kerala High Court began the verdict quoting the lyrics of a song from Rajnikant's super-hit movie, Mannan, while allowing a habeas corpus plea by a mother for custody of her child. The Judge wrote:
"“Amma endrazhaikatha uyir illaiye Ammavai vanangatha uyir illaiye”
(There is no life form which does not call for its mother There is no life form which does not respect its mother)
sang K.J. Yesudas for the Tamil movie - 'Mannan'."
In the judgment, written on behalf of a bench also comprising Justice Sathish Ninan, Justice Chitambaresh ruled in favor of the mother, who had alleged that her ex-husband's parents had abducted her five and a half year old son.
He began by referring to Section 352 of Mahomedan Law, to observe, "Thus the custody of the detenu who has not yet completed the age of seven years by his mother though divorced by his father is permissible under personal law. Moreover the question of guardianship has to be independent of and distinct from the custody in the circumstances of each case."
Justice Chitambaresh, however, opined that the question of what was best for the welfare of the child can be better adjudicated by the Family Court and not by the High Court in Writ jurisdiction. He then directed the child's custody to be restored to the mother, leaving open the remedy to the parties to approach the Family Court.
Adding a finishing touch, the Judge observed, "The detenu has after all been with his mother and studying in a school nearby since his parents separated.
“A mother is she who can take the place of all others, but whose place no one else can take”- said Cardinal Mermillod. "Read the Judgment Here