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Tripura High Court Orders Return of Minor to Mother After 4-Year Custody Dispute

The bench said the case required a humane approach with the child's welfare as the sole focus.

Overview

  • A Division Bench of Justices Dr. T. Amarnath Goud and S. Datta Purkayastha issued the ruling on February 4, 2026.
  • The court allowed the mother's habeas corpus plea and directed state authorities to ensure the child's safe return to Tripura.
  • A DNA report from the State Forensic Science Laboratory confirmed the petitioner as the child's biological mother.
  • CMC Vellore reported suspected abuse that led to a POCSO case and CWC placement at Hope House, while the mother alleged medical negligence and denial of access.
  • The bench exercised parens patriae jurisdiction, emphasized that 'the child is not a chattel or a ball,' and noted non-cooperation reports as well as a virtual interaction finding the child cheerful and alert.