Tripura High Court Reunites Mother and Daughter After Four-Year Legal Battle
The Tripura High Court has delivered a landmark judgment ordering the immediate restoration of a minor girl's custody to her biological mother, bringing an end to a protracted four-year legal battle. In a strongly worded order, the court criticized the "high-handedness" of Christian Medical College (CMC), Vellore, and emphasized that no law can sever the fundamental bond between a mother and child.
'Not a Chattel or Ball': Court's Stern Rebuke
A division bench comprising Justices T Amarnath Goud and S Datta Purkayastha observed that "the child is not a chattel or a ball that is bounced to and fro," highlighting that the child's welfare must remain the paramount consideration in all custody matters. The court further stated that "laws are made for the citizens, but citizens are not born for the laws," asserting that legal provisions cannot override the natural rights of familial affection.
The bench noted that "the minor daughter is the last hope of the petitioner to keep her breathing," acknowledging the severe mental agony suffered by the mother throughout the prolonged separation from her child.
Complex Case History and Allegations
The case originated in 2022 when the Tripura native woman filed a habeas corpus petition seeking custody of her daughter, who was then four years old. The child had been taken to CMC Vellore for treatment of colostomy disease, but hospital authorities subsequently alleged signs of battered baby syndrome and sexual abuse.
CMC Vellore filed a complaint against the mother and her husband under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, leading to the child being handed over to the Child Welfare Committee. The child was eventually placed in the Hope House children's hospice in Tamil Nadu.
The petitioner mother countered these allegations, claiming they were false accusations intended to cover up medical negligence by probationary doctors at the hospital. She asserted that she was denied access to her daughter during hospitalization and prevented from breastfeeding her infant.
Legal Proceedings and Investigation
Following the habeas corpus petition filing, the Tripura High Court ordered a team from the state to visit Vellore and investigate the child's health and treatment conditions. In 2023, the court directed that the child be produced in Agartala by May 15 for medical examination.
Investigators reported significant non-cooperation from authorities in Vellore, complicating the judicial process. The court later conducted a virtual interaction with the girl, finding her to be "cheerful," "mentally and physically alert," and aware of her Tripura origins.
'Humane Problem Requires Human Solution'
The court emphasized that "a humane problem requires a human solution," noting that such cases cannot be decided solely through legal interpretation. The bench highlighted the arbitrary nature of CMC Vellore and Hope House's actions in separating mother and child for years.
In exercising its parens patriae jurisdiction—the state's inherent power to act as guardian for those unable to care for themselves—the court stressed that moral and ethical values are "equally, or we may say, even more important" than physical comforts when determining child welfare.
The judgment referenced parliamentary intent that custody of children under five should ordinarily remain with the mother, noting this expectation should only be deviated from for compelling reasons. Since the child's entitlement to maternal custody was undisputed and the minor couldn't express intelligent preferences, the court found no justification for continued separation.
Broader Implications and Conclusion
This ruling reinforces judicial recognition of maternal rights while establishing important precedents regarding:
- The primacy of child welfare in custody determinations
- Limitations on institutional authority over familial relationships
- Judicial oversight of medical and child welfare institutions
- The balance between legal procedures and humanitarian considerations
The court's decisive intervention concludes a painful chapter for the Tripura family while sending a clear message about institutional accountability and the inviolable nature of maternal bonds in Indian jurisprudence.
