Biological Mother Best For Raising Minor Kids: Allahabad HC

Lucknow, June 17 (TNA) The Allahabad High Court has ordered to give three minor children to the biological mother after the death of the father. They were currently living with the step brother. The Lucknow bench of Allahabad High Court said in an important decision that the birth mother is the best for raising minor children including fulfilling their childhood needs.

A single bench of Justice Saurabh Lavania gave this decision by accepting the petition of the biological mother. The birth mother had requested to hand over her three minor children from their step brother to herself. After the death of the children's father, all three were living with their step brother. This case was of Pratapgarh district.

On the other hand, the step brother, a party to the case, said that after the death of the children's father, their biological mother had stopped living in her in-laws' house. Since then he has been taking care of them and fulfilling their needs. The stepbrother also raised questions on the maintainability of the habeas corpus petition filed by the biological mother, seeking custody of the children.

On this, the court clarified that the legal guardian can seek custody of his minor children from any family member or relative through a habeas corpus petition. The court said that in this case, since the children are not with any of their legal guardians, the habeas corpus petition is maintainable. With this legal arrangement, the court approved the petition and ordered the handing over of the three minor children to their biological mother.