Supreme Court declines to interfere with High Court order

The Supreme Court on Friday declined to interfere with an order of the Madras High Court directing S. Anand alias Akash, ex-husband of actor Vanitha, to hand over their nine-year-old son to her.

A Bench of Justices Aftab Alam and R.M. Lodha dismissed as withdrawn the special leave petition filed by Mr. Akash against the High Court order dated December 23, 2010.
The Bench asked counsel Subramaniam Prasad, appearing for Mr. Akash, to approach the Family Court for remedy since the High Court order was based on the order passed by the Family court. Counsel withdrew the SLP and the Bench dismissed it as withdrawn.
In her habeas corpus petition (HCP), Ms. Vanitha had submitted that the boy was in her legal custody pursuant to an order of June 2008 by the Family Court, Secunderabad. The High Court held that as long as the Secunderabad Family Court's order was in force, Mr. Akash could not claim the custody of his son and directed custody of the child to Ms. Vanitha.


The SLP by Mr. Akash was directed against this order.


He had given the custody of the child to the mother as she was going to New Zealand and she had promised to educate him there.
Subsequently, the mother herself gave the custody of the child to him.