An 11-year-old girl, raised by her maternal grandmother in Tamil Nadu’s Tirunelveli district since she was barely two, became the centre of a custody battle after her mother alleged that the child was assaulted by her grandmother’s friend and sexually harassed by neighbours. The mother approached the Madras High Court seeking her daughter’s custody, but the court has allowed the girl to continue living with her grandmother, citing her upbringing and welfare, while directing that her mother and aunt be allowed to visit her.Justices M Nirmal Kumar and N Gunasekaran were hearing a habeas corpus petition filed by the mother, who sought the production of her 11-year-old daughter and her release from the grandmother’s custody. The court disposed of the petition after interacting with the mother, grandmother and the child and examining a social investigation report.“The paramount consideration in determining matters concerning a minor child is the welfare and best interests of the child,” the bench observed on October 27, adding that there wasn’t enough material to conclude that the girl was being illegally detained and issue a writ of habeas corpus. A habeas corpus plea requires a person under arrest or in detention to be brought before a judge so the court can decide if the detention is legal.The court allowed the girl to remain with her grandmother, subject to an undertaking from the grandmother to ensure her safety, education and overall well-being. It also directed the grandmother to permit the mother and her sister to visit the child and spend time with her.Mother alleges assault, sexual harassmentAccording to the petition, the mother married in January 2015 and had a daughter. She divorced her husband in June 2018, citing cruelty. Justices M Nirmal Kumar and N Gunasekaran noted that the girl had been living with her grandmother from an early age and the latter had taken care of her upbringing.The woman, who works in Chennai, told the high court that she had entrusted her daughter to her own mother in Tirunelveli when the child was around two years old in 2017. She claimed that she had been providing for the girl’s needs and visiting her regularly.Also Read | Nominee son not ‘sole owner’ of late judge’s Rs 1.62 crore savings: Madras High CourtHowever, the woman alleged that her daughter was ill-treated after the grandmother developed a relationship with a person who frequently visited her house. She claimed that when the girl objected to his visits, he assaulted her. The mother also alleged that two neighbours had abused the child.Story continues below this adThe mother said she learnt about the incidents through her sister and lodged a complaint before the All Women Police Station in Cheranmahadevi on October 5 this year. A police enquiry followed and the child was produced before the Child Welfare Committee and placed in the custody of a child care institution. She then approached the high court seeking her daughter’s custody.Possible property disputeOpposing the petition, the police told the court that the inquiry found the allegations to be exaggerated to some extent. The police also placed a social investigation report prepared by the social welfare officer before the bench.According to the report, the grandmother had been looking after the girl since she was around two years old and had taken responsibility for her education and other needs. The child currently studies in Class 6 at a private school. The report recorded that the child’s mother had remarried and had a child from the second marriage.The report also referred to a possible property dispute within the family. It indicated that the disagreement appeared to have arisen in connection with certain houses recently purchased by the grandmother. The mother and her sister reportedly apprehended that the properties might be settled in favour of a third person rather than them.Story continues below this adThe report also suggested that the allegations concerning the grandmother’s character and the alleged sexual harassment by the person visiting her house may have arisen in the context of the dispute.However, the high court clarified that these allegations could not be treated as established simply because they were mentioned in the report and had to be considered on the available material.Grandmother undertakes to keep visitor awayAppearing for the grandmother, her counsel submitted that she was a teacher and had brought up the girl by providing love, affection, education and other necessities.On the allegations concerning the frequent visitor, the grandmother’s counsel submitted that he was a priest who visited the house for prayers. The grandmother undertook before the court that she would not allow him to visit her house in future. If prayers were required, they would be conducted only at the church.Story continues below this adAlso Read | Mother can decide whether to give birth to child with ‘abnormalities’: Madras High CourtShe also assured the bench that no unauthorised person would be allowed into the house in a manner that could cause annoyance or disturbance to the child.The grandmother further undertook to continue looking after the girl’s education, safety and other needs. She expressed no objection to the child’s mother and her sister visiting the girl and spending time with her.Court prioritises child’s welfareAfter interacting with the mother, grandmother and the minor girl, the bench considered the social investigation report and the circumstances surrounding the child’s upbringing.It noted that the girl had been living with her grandmother from an early age and that the latter had taken care of her upbringing and education.Story continues below this ad“Having regard to the circumstances of the case, the Social Investigation Report and the interaction with the parties, this Court finds no sufficient material to conclude that the minor child is presently under illegal detention warranting the issuance of a writ of Habeas Corpus,” the order stated.“This Court is of the view that the child may continue to remain in the care and custody of the fourth respondent (grandmother), subject to the undertaking given by her,” it added. The grandmother was directed to ensure the child’s safety, welfare, education and overall well-being and to permit the mother and her sister to visit her and spend time with her.