Bombay High Court: 11-Year-Old Child Refuses to Go With Father Despite Custody Order
A dramatic scene played out at the Bombay High Court on Tuesday when an 11-year-old boy refused to go with his father, despite a court order requiring his maternal relatives to hand over his custody.
As the father tried to take the child with him, the boy broke free and ran back into the court building. The incident led to a physical scuffle between the father and the child’s maternal relatives. Following this, the Court reconvened to address the matter urgently.
The custody issue stems from a habeas corpus petition filed by the father after the child’s mother passed away from cancer in 2019. The High Court ruled in the father’s favour in February 2022, and the Supreme Court upheld the decision in September 2022. However, the maternal grandfather and uncle allegedly refused to comply with the order, prompting the father to file a contempt of court petition.
At around 2:30 pm, a division bench comprising Justices AS Gadkari and PD Naik ordered the child to be handed over to the father with the help of the police inside the High Court premises.
However, when the father attempted to take the child home, the child resisted publicly, shouted, and escaped from his father’s grasp, returning to the court. This led to a second confrontation, after which the parties again approached the bench.
Advocate Imran Shaikh, representing the maternal relatives, informed the court of the incident and even offered video footage as evidence. The judges, however, refused to view the recordings, criticizing the lawyer for “overreaching the court’s order and misguiding his clients.”
The bench also warned police personnel that strict action would be taken if they failed to ensure the court’s directions were followed.
To resolve the situation, the court ordered the child’s custody be handed over at Kasturba Marg police station by 7 pm. The father’s lawyer, Advocate Akash Vijay, requested a different, more convenient police station, but the court firmly rejected the request, stating:
“Not everything will happen according to your (the father’s) wish. He can take the order as it is or leave it.”
This case highlights the emotional and legal complexities involved in child custody battles, especially after the loss of a parent.
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