Case Note & Summary
The petitioner, B. Nithya, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a writ of mandamus to direct the first respondent, the District Child Protection Officer, to issue a certificate enabling the petitioner to take his son, N.S. Abinav (aged 10 years), abroad. The petitioner relied on a decree of divorce granted by the Sub-Court, Thirumangalam, Madurai District in H.M.O.P. No. 13 of 2020. The court, after hearing the counsel for both sides and perusing the records, observed that the matter was essentially a family dispute between the petitioner and the second respondent regarding custody of the child. The court held that such a prayer for custody of the son could only be agitated before the competent court and could not be granted in a writ petition under Article 226. Consequently, the writ petition was dismissed with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Child Custody - The petitioner sought a writ of mandamus to direct the District Child Protection Officer to issue a certificate to enable him to take his son abroad. The court held that the dispute was a family dispute over custody of the child, which cannot be adjudicated in writ jurisdiction under Article 226, and must be agitated before the competent court. (Paras 3-4)
Issue of Consideration
Whether a writ of mandamus can be issued directing the District Child Protection Officer to enable the petitioner to take his son abroad by issuing a certificate, in the context of a family dispute over child custody.
Final Decision
The writ petition was dismissed with no order as to costs.
Law Points
- Writ jurisdiction under Article 226 not available for child custody disputes
- Family disputes must be adjudicated by competent civil/family courts
Case Details
2025 LawText (MAD) (01) 494
For Petitioner: Mr. R. Anand; For R-1: Mr. D. Gandhiraj, Special Govt. Pleader; For R-2: Mr. G. Thiruvarutselvan
1. The District Child Protection Officer, District Child Protection Unit, Madurai District; 2. M. Sanjay Gandhi
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Nature of Litigation
Writ petition under Article 226 seeking mandamus to direct District Child Protection Officer to issue certificate for taking child abroad.
Remedy Sought
Petitioner sought direction to first respondent to enable him to take his son abroad by issuing a certificate.
Filing Reason
Petitioner wanted to take his son abroad but needed a certificate from the District Child Protection Officer; the matter involved a family dispute over child custody.
Previous Decisions
A decree of divorce was granted by the Sub-Court, Thirumangalam, Madurai District in H.M.O.P. No. 13 of 2020.
Issues
Whether a writ of mandamus can be issued in a family dispute regarding child custody.
Submissions/Arguments
Petitioner argued that the first respondent should issue a certificate to enable him to take his son abroad based on the divorce decree.
Respondents opposed the petition, contending that it was a family dispute not amenable to writ jurisdiction.
Ratio Decidendi
A writ of mandamus under Article 226 of the Constitution of India cannot be granted in matters of child custody arising from family disputes; such disputes must be adjudicated by the competent civil or family court.
Judgment Excerpts
A perusal of the records would reveal that it is a family dispute between the Petitioner and second respondent. Therefore the prayer sought for in this Writ Petition namely, custody of her son can be agitated only before the competent Court and this Court cannot grant such prayer in this Writ Petition sitting under Article 226 of the Constitution of India.
In view of the above, this Writ Petition stands dismissed. There shall be no order as to costs.
Procedural History
The petitioner filed a writ petition under Article 226 before the Madurai Bench of Madras High Court on an unspecified date. The court heard the matter and dismissed it on 20.01.2025.
Acts & Sections
- Constitution of India: Article 226
