Manipur High Court suspends Human Rights Commission order on child guardianship case

The single bench of High Court Justice Kh Nobin passed the order following a writ petition (c) filed by the maternal grandfather of the child, to quash the MHRC order as the proceeding was taken up falsely.

The Manipur High Court on Monday suspended an impugned order of the Manipur Human Rights Commission (MHRC) dated July 9, which directed the petitioner to hand over a minor child to the Child Welfare Committee, Bishnupur.

The single bench of High Court Justice Kh Nobin passed the order following a writ petition (c) filed by the maternal grandfather of the child, to quash the MHRC order as the proceeding was taken up falsely.

In the complaint filed before the Commission by a respondent, it mentioned that the child who was left behind by his deceased father was kidnapped by the petitioner and some other persons.

During the proceedings that took place on July 1 at the Commission, the petitioner and the natural mother of the child explained that the mother and the child has been staying in her maternal home with her second husband, after she was tortured by her first husband (now expired) and thrown her out from the house.  

The respondent, who is the acting chairperson of the MHRC, Khaidem Mani, allowed the petitioner and his daughter to go back home alone with the said minor son on that day.

On the next proceeding on July 9, Mani passed a direction transgressing its limit, stating that the maternal grandfather should hand over the child to the Child Welfare Committee, Bishnupur.

“The Commission has no jurisdiction to decide the guardianship of the child and as such the Commission has given liberties to both the parties to approach appropriate forum to redress the grievances,” mentioned in the Commission’s order.

The single bench has also directed to issue notice to the respondents and to submit their returnable on August 8.

First Published: July 13, 2020, 7:06 p.m.