The Karnataka High Court recently instructed the police to contact the employer of a woman who failed to hand over custody of her child to the father, despite a court order. The court directed the employer to withhold the woman’s pay until she complies with the judicial order.
A division bench comprising Justice Alok Aradhe and Justice Anant Ramanath Hegde was hearing a habeas corpus petition filed by the father. The father had obtained a Family Court order in March of last year, granting him custody of his 7-year-old daughter under Section 25 of the Guardians and Wards Act, 1890. However, the mother refused to hand over custody, despite the court ruling.
The court stated that the mother’s refusal to follow the custody order amounted to an abuse of the legal process. “Failing to hand over the custody of the minor child, even after court orders, cannot be tolerated,” the bench declared.
On Wednesday, the High Court directed the Bangalore Commissioner of Police to ensure that the local station house officer hands over the child to the father within 24 hours. The court also initiated criminal and civil contempt proceedings against the mother for not complying with the court order.
Earlier, the court had issued a non-bailable warrant for the mother and instructed the Commissioner of Police, Bengaluru, to present her in court. The mother’s legal counsel argued that the child was not in “illegal custody.” However, the court referenced a Supreme Court ruling (Rajeshwari Ganesh Vs State of Tamil Nadu), which stated that the primary goal of a habeas corpus petition in child custody cases is to determine which parent serves the child’s best interests.
The High Court reaffirmed that habeas corpus is a valid legal tool in child custody matters when one parent refuses to comply with the custody order.
Case No: WPHC 30/2023
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