In a recent decision, the Supreme Court of India cancelled an FIR filed against a father who had taken his son away from the mother’s custody. The court stated that such custody disputes should not be treated as criminal cases.
A bench of Justices UU Lalit, Ravindra Bhat, and Sudhanshu Dhulia handled the appeal filed by the father seeking to cancel the FIR. The court criticized the filing of such FIRs, saying that criminal courts should not be burdened with family custody issues.
The judges discussed three important factors when dealing with custody matters:
- What is best for the child, including the child’s wishes.
- The type of environment the child would be exposed to in each parent’s care.
- The mental and physical well-being of the child, whether a boy or a girl.
The Court was informed that the child is 14 years old and currently stays with two elder siblings who are 10 years older. His mother has passed away.
Earlier, when the father approached the Allahabad High Court, the child had said that he preferred to live with his mother. However, after the mother’s death, the child is now with his siblings and not under the father’s custody.
Senior Advocate Anjana Prakash, representing the father, clarified that her client is not seeking custody in this case, but only wants the FIR against him to be cancelled. She added that the father is ready to support the child financially and will pay ₹20,000 per month for the child’s education and other needs.
The Supreme Court agreed and said that based on the facts and circumstances, the FIR should be quashed. The bench recorded that the father reserves the right to seek custody later in proper legal forums like the guardianship court.
With this, the Court disposed of the plea and brought relief to the father.
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