Marriage by a woman after the death of her husband to another person will not embargo her from claiming the custody of child born to her from the wedlock of the first husband, the Madras High Court has said.
Allowing a habeas corpus petition filed by Subha, who married again after the death of her husband, seeking to produce her daughter Kaviyasi in the court, a division bench comprising Justice S Tamilvanan and Justice CT Selvam, said “the petitioner is admittedly the mother and natural guardian of the minor Kaviyasri whose father is no more.”
“Solemnising second marriage with another person after the death of her earlier husband is not an illegal or improper act. We are of the view that the claim of Subha is legally sustainable. There is no legal embargo for the petitioner in seeking the custody of her daughter”, the judges said in a recent order.