The Hon’ble Court while hearing to an instant petition noted that the maternal uncle had sufficient means to look after the child and hence had given his custody of child aged 17 years to him.
Hon’ble Justice R.C. Khulbe observed that since the minor had crossed the tender age and is about to attain majority and further he agreed to live with his maternal uncle and thus ordered and given the custody to maternal uncle.
This is a plea of habeas corpus that was filed by the maternal uncle to secure the custody of the child and to safely remove him from his father’s custody who use to torture him after his mother’s death.
Furthermore, it was also submitted that the minor’s father was residing in Sikkim and he doesn’t allow the minor to meet his maternal relatives of the deceased.
Thus, considering all this fact and seeing the child is about to attain the majority the custody of the child was given to the uncle.
