The welfare of minor children dictates that custody be granted to the mother when she provides adequate care and facilities.

(Order of the Court is made by S.M.SUBRAMANIAM, J.)

The writ of Habeas Corpus Petition has been instituted to direct the second respondent to produce the petitioner's daughter, Sangeetha, aged about 48 years and grand child Divyasri, aged about 9 years.

2. The marriage between Mr. Siva and the detenue Mrs. Sangeetha was solemnized as per Hindu Rites and Customs. Two daughters born from and out of the wedlock. The first child is aged about 9 years and the second child is aged about 6 years. The petitioner is the first detenu's mother. She states that on 23.07.2024 her daughter and first grand child Divyasri were missing. She searched in the nearby places and not able to secure them. Thus, she filed a complaint with the second respondent /Inspector of Police, Ammapet Police Station, Salem. The second respondent police secured the first detenue and her first daughter Divyasri/second detenue and produced them before this Court. The paternal grandmother of the children are present. Husband Mr.Siva is also present.

3. We have examined the parties. The second child of the first detenue, viz.Kanishka, is brought up by the paternal grandmother and the child is aged about 6 years. Though the second child expressed her willingness to stay along with her elder sister, it seems that she is having affinity with the grand mother since the child is presently under the custody of the paternal grand mother.

4. The custody of the second child with the grand mother probably would have influenced to the second child, who is aged about 6 years. However, the second detenu/first child of 1st detenue, namely, Divyasri, aged about 9 years unhesitatingly expressed her willingness before this Court to stay along with her mother. The first child,Divyasri, aged about 9 years states that her mother is taking care of her and providing all facilities.

5. Section 6(a) of the Hindu Minority and Guardianship Act 1956 enumerates that in the case of a boy or an unmarried girl, the father, and after him, the mother provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. Though in the present case, the second child is aged about 6 years and the first child is aged about 9 years, the children are affectionate to each other and being separated on account of the matrimonial dispute by the elders of the family.

6. Court has to assess the best interest of the children. The father of the children has not filed a case nor filed a complaint before the competent authorities. Therefore, an inference can be drawn that he is not so keen in maintaining the two children. The petitioner, who is the grand mother of the children is claiming the custody of the second child alone. As far as the first child is concerned, even the petitioner has no claim nor sought for a prayer seeking custody. Therefore, the mind set of the petitioner/grand mother and the father is also to be weighed by this Court for the purpose of considering the relief to grant custody to the petitioner, who is the paternal grandmother.

7. This Court is of the considered opinion that father and mother are the natural guardian. Grand mother cannot seek custody of the child, aged about 6 years. The first child, who is aged about 9 years, in clear terms deposed before this Court that she is willing to live along with her mother. Even before the Court, the first child seems to be attached with the mother and she is also willing to live along with the mother and her younger sister. The second child, aged about 6 years, expressed her willingness to join with her elder sister and she