Dismissing the habeas corpus petition seeking custody of his son, the Madras HC bench here of Justices S Tamilvanan and V S Ravi held the court cannot give direction since the boy was a major.
"It is for the boy to decide, (with whom he should go) and not even the court (can decide)."
Petitioner A. Sayeed of Devakottai submitted that he married Amal, a citizen of United Arab Emirates, on Sept 2, 1993 as per Islamic customs in India. The couple were residing at Radhanoor Village in Ramanathapuram District and his wife gave birth to baby boy on Nov 20,1994.
After six months, the petitioner left his wife and son and went to Riyadh for job. About a year later, his wife, "brain washed" by her father, left her son with a Muslim couple to raise and left India, Sayeed said in his petition.
When the petitioner returned, he found his wife and child were missing. He filed an habeas corpus petition (HCP) and the court directed the police to trace the petitioner's son and closed the petition in 2007.
He then approached the Supreme Court, which directed him to approach the Fast Track Court (FTC) and to seek remedy for taking the custody of the child. The FTC returned the application stating that it was not maintainable.
While so, the petitioner came to know that the child was in the custody of one Abdul Azeed and again approached the High Court through another HCP. When the case came up for hearing today, the boy appeared in the court with his foster father and told the judges that he was not willing to go with his biological father. He also stated that no one had detained him and that he considered his foster father as own father.