In child custody matters, the paramount consideration is the child's welfare, and the court may decline to exercise extraordinary jurisdiction if the custody isn't illegal.

G. Girish, J. The petitioner in this writ petition under Article 226 of the Constitution of India , seeking a writ of habeas corpus, is the mother of the detenu, a boy aged 13 years. She had re-married after the dissolution of her marriage with the father of the detenu. In the wedlock of the petitioner with her present husband, she gave birth to a baby girl on 07.12.2023. The father of the detenu (petitioner’s previous husband), who was employed in Dubai, had passed away on 27.10.2023 at Thrissur. The detenu was under the care and protection of his father till the death of his father. Earlier, the detenu remained in Dubai along with his father, and he was undergoing his studies in a school at Sharjah. The detenu and his father came to their home village at Thrissur in the year 2023 once it was known that the detenu’s father was afflicted with incurable cancer. Till the death of the petitioner’s former husband (detenu’s father) on 27.10.2023, the detenu continued his studies in a school at Thrissur. However, after the demise of his father, the detenu was shifted to Dubai and taken care of by respondents 6 to 8, who are the brother-in-law, sister and sister’s daughter respectively of the detenu’s father. Alleging that the detenu was taken abroad in violation of the injunction order of the Family Court, Palakkad, and that the detenu was being kept under the illegal custody of respondents 5 to 8, the petitioner has moved this writ petition, seeking a writ of habeas corpus, directing the production of the detenu before this Court.

2. Respondents 1 to 3 were represented by the learned Government Pleader and the 4th respondent by the learned Deputy Solicitor General of India. Respondents 5 to 8 were represented by Adv.Sri.Sunil Nair Palakkat, the learned counsel.

3. In accordance with the direction of this Court, respondents 6 and 7 produced the detenu before another Division Bench of this Court on 15.03.2024. After interaction with the detenu and the petitioner, the parties were referred to the Family Counselling Centre attached to this Court, since the child was reluctant to go with the petitioner, his mother.

4. On 21.03.2024, we interacted with the detenu and his mother individually and collectively at Chambers. We also perused the report of the consultant Psychologist of the Family Counselling Centre here.

5. The detenu, a boy studying in the 8th standard at GEMS Millenium School, Sharjah, is an intelligent child with maturity outlying his age. He appeared to be calm and composed, and talked to us and to his mother in consistent terms and with prudence and rationale about his academic matters and his present life along with respondents 6 to 8. When we interacted with him, in the absence of his mother, he made it clear that he was not willing to go along with his mother and to live with her. The reason stated is the mental pain suffered by him due to the act of his mother, who had no qualms in speaking bad about his father, who had left for his heavenly abode. The boy who was having emotional attachment of a high grade with his father, felt it extremely hard to hear verbal abuse and ill-will uttered by the petitioner against her former husband. Even while we interacted with the detenu and the petitioner, we could notice that there is no cordial relationship between them. The detenu has even attempted to show us from the mobile phone, the abusive chats about his father, sent at the instance of the petitioner. The report dated 15.03.2024 of the Consultant Psychologist who conducted family counselling as per the directions of this Court, is also to the effect that the detenu is not able to accept his mother and stepsister (the new born child of the petitioner in her wedlock with her present husband) in the present conditions, and that it may not be desirable for him to stay with them. The boy of charming personality told us that he is fully comfortable with his life along with his uncle, aunt and cousin (respondents 6 to