Karnataka High Court Directs Employer to Withhold Woman’s Pay Over Child Custody Dispute
The Karnataka High Court recently took a strict stance against a woman who failed to comply with a judicial order to hand over custody of her minor child to the father. The court directed the police to inform her employer to withhold her salary until she follows the order.
Court Ruling on Child Custody
A division bench comprising Justice Alok Aradhe and Justice Anant Ramanath Hegde was hearing a habeas corpus petition filed by the father. He sought enforcement of a Family Court order issued in March last year, which granted him custody of their 7-year-old daughter under Section 25 of the Guardians and Wards Act, 1890.
Despite the court’s decision, the mother refused to comply, leading the High Court to state that her actions amounted to an abuse of the legal process and could not be tolerated.
Police Ordered to Enforce Custody Transfer
On Wednesday, the bench directed the Bangalore Police Commissioner to ensure that the station house officer transfers the child’s custody to the father within 24 hours. Additionally, the court initiated criminal and civil contempt proceedings against the mother for defying the order.
Previous Legal Actions Against the Mother
Earlier, the High Court had issued a non-bailable warrant against the woman and ordered the Bangalore Police Commissioner to present her in court. Her legal counsel argued that the child was not being held illegally, but the court referred to a Supreme Court judgment (Rajeshwari Ganesh vs. State of Tamil Nadu & Others), which emphasized that in child custody matters, habeas corpus petitions serve to determine the best interests of the child.
Legal Precedent and Final Verdict
The High Court reaffirmed that habeas corpus petitions are valid in child custody cases when a child is under the care of one parent against an official ruling. The case reinforces the importance of complying with judicial custody orders and sets a precedent for similar disputes in the future.
Case No: WPHC
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