In a Habeas Corpus petition filed by the paternal grandparents of two minor children, the Bombay High Court has directed that the grandparents be allowed to meet the children once a week at the residence of their mother.
The petition, filed after the children were allegedly taken away by their mother following the father’s demise, stated that the grandparents had initially refrained from legal action in the interest of the children. However, they approached the court after receiving voice messages from the children alleging mistreatment and neglect. According to the advocate representing the grandparents, the children were “not being fed properly” and were being “given leftovers,” with further allegations that the maternal grandmother and uncle were mistreating them.
The mother, appearing in person, informed the court that she was served notice about the petition only the previous evening. She also mentioned that a Domestic Violence (DV) case was ongoing at the Vikhroli court and added, “I am a single mother and need an advocate.”
Taking serious note of the allegations, the court stated, “If we find you are using children to get back, it will not be taken nicely.” The Bench further observed, “There are some very, very serious allegations. What do you have to say about it?”
The mother responded that a case had already been brought before the Child Welfare Committee (CWC), which had been dismissed after an eight-month battle.
Pursuant to the HC order, the mother produced the children in court the following day on May 17. The judges then interacted with the children and concerned parties.
"After due deliberation, the Respondent No.2 (mother) has agreed to allow the grandparents to meet the two children once in a week,” the court noted in its order.
According to the court’s order, the grandparents may visit the children once a week, between 10 a.m. and 6 p.m., at the mother’s residence, with at least 48 hours prior notice. The mother will confirm a convenient time for the visit. The order also emphasised that no other meetings shall occur without the mother’s consent.
The court added, “On occasion of some family functions or festivals, the grandparents may be permitted to meet the children and even invite them to their house, subject to the mother’s convenience.”
The court then disposed of the petition.
