Bombay High Court Witnesses Drama as 11-Year-Old Refuses to Go with Father
The Bombay High Court saw a dramatic turn of events on Tuesday when an 11-year-old child refused to go with his father, despite a court order directing the maternal relatives to hand over custody.
Child Runs Back into Court After Escaping Father’s Grip
As the father tried to take his son home, the child broke free, screamed, and ran back into the court building. A scuffle broke out between the maternal relatives and the father, creating a tense situation inside the High Court premises.
The court was forced to intervene again and strongly criticized the lawyer representing the maternal relatives for trying to overreach court orders.
Legal Battle for Custody
The father had filed a habeas corpus petition after the child’s mother passed away in 2019. In February 2022, the Bombay High Court ruled in the father’s favor, a decision later upheld by the Supreme Court in September 2022.
However, the maternal grandfather and uncle allegedly refused to hand over custody, prompting the father to file a contempt of court petition.
Court Orders Immediate Custody Handover
A division bench of Justices AS Gadkari and PD Naik directed that the child be handed over to the father at the High Court premises with the assistance of the police.
However, when the father attempted to take the child home, the child publicly opposed, leading to a dramatic scene outside the court.
The court then reconvened, and the lawyer for the maternal relatives, Advocate Imran Shaikh, informed the judges about the chaos that unfolded. He even offered to show video evidence, but the court refused.
The bench strongly reprimanded Shaikh, stating:
“We have been observing your behavior for the last few hearings. You are overreaching court orders and misleading your clients.”
Final Decision: Custody Handover at Police Station
To ensure compliance, the court ordered that the maternal relatives must hand over the child at Kasturba Marg police station by 7 PM.
The father’s lawyer, Advocate Akash Vijay, requested the handover to be done at a police station closer to the father’s home, but the court refused, stating:
“Not everything will happen according to your wish. Take the order as it is or leave it.”
This case highlights the complexities of child custody disputes and the challenges faced by courts in enforcing legal orders.
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