Published on 12:00 AM, April 04, 2018

Child Custody: HC asks Tangail magistrate to explain order

The High Court yesterday summoned the executive magistrate of “Ka” region of Tangail, Nure Alam Siddiqui, to appear before it on April 9 and explain why he awarded the custody of an 18-month-old child to a maternal aunt instead of the baby’s mother.

In response to a writ petition, the court also asked the officer-in-charge of Ghatail Police Station in Tangail to produce before it Shova Rani Guho, the maternal aunt, and her husband, Biplab Guho, along with the child, Angshuman Dey.

The HC asked the executive magistrate to explain under what authority he ordered  Angshuman’s custody  be given to his maternal aunt instead of his mother.

The bench of Justice Naima Haider and Justice Zafar Ahmed came up with the order and rule following a writ petition filed by Jeba Rani Dey, mother of the child, challenging the legality of the executive magistrate's order.

Petitioner's lawyer SM Rezaul Karim told The Daily Star that Jeba Rani became ill after giving birth to Angshuman in October 2016.

Shova and Biplab used to visit Jeba at her home in Chandshi village and often took Angshuman to their home.

They would return the child after some days, the lawyer said.

Couple of months ago, Shova and Biplab refused to return the baby. Jeba applied for custody of the child to the executive magistrate on January 16 this year.

On January 18, he passed an order and gave the baby's custody to his mother Jeba.

Rezaul said during another hearing on the case on March 21, the same magistrate ordered Jeba to give the baby to Shova's custody.

The lawyer also said an executive magistrate could not pass such an order.