Chennai: A father, despite being a natural guardian, cannot take forcible custody of his children. It must be sought in accordance with the procedure established by law, Madras high court has said.A division bench of justices A D Jagadish Chandira and Justice B Karthikeyan made the observation on Thursday while ordering a Puducherry man to hand back his two and a half-year-old child to his wife.The court passed the order on a habeas corpus plea moved by the wife, a doctor practising in Chennai. She submitted that her marriage was solemnised on Jan 21, 2021 and the couple had two children born in 2023 and 2024. Later, citing cruelty and harassment, she had separated from him and was staying with her mother.While her plea seeking divorce is pending consideration before a family court, she alleged that on Aug 28, 2026, her husband forced into her parental home and forcibly took away their two-and-half-year-old child, without her consent. Aggrieved, she lodged a complaint with the all women police but no action was taken, she said.Recording the submissions, the court said: “Though the husband is the father and natural guardian of the child who is just about two-and-a-half years old, the custody of the minor child cannot be taken by force and it must be sought in accordance with the procedure established by law.”
