On Tuesday, the Bombay High Court witnessed an emotional scene when an 11-year-old child refused to go with his father, despite a court order. The court had directed the child’s maternal relatives to hand over custody to the father, but the child resisted, breaking free from his father’s grip and running back into the court.
A scuffle broke out between the father and the maternal relatives. Following the incident, the court reconvened, reprimanding the lawyer representing the maternal relatives and once again ordered them to comply with the custody ruling.
The father had filed for custody after the child’s mother passed away in 2019, using a habeas corpus petition. In February 2022, the High Court granted custody to the father, a decision later upheld by the Supreme Court in September 2022. However, since the maternal relatives refused to follow the order, the father filed a contempt of court petition.
He claimed that the child’s maternal grandfather and uncle had been refusing to hand over custody and were influencing the child against him. At around 2:30 PM, a division bench consisting of Justices AS Gadkari and PD Naik ordered the police to assist in handing over the child to the father on court premises.
When the father attempted to take the child home after the court’s order, the child protested loudly, broke free from his father’s grasp, and ran back into the High Court building. This led to another confrontation between the grandparents and the father.
The case was immediately brought back before the court. Advocate Imran Shaikh, representing the maternal relatives, offered to show videos of the incident, but the court refused to view them. The court reprimanded Shaikh for advising his clients to defy the court’s orders and warned police officers present that they would face strict action if they failed to ensure compliance.
The court then directed the maternal relatives to hand over custody at the Kasturba Marg police station by 7 PM. Although the father’s counsel requested a change in location to a station closer to the father’s home, the court rejected the request, stating, “Not everything will happen according to your wish. Take the order as is or leave it!”
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
