The Karnataka High Court recently ordered the police to contact the employer of a woman who refused to hand over custody of her minor child to her husband, despite a judicial order. The court instructed the employer to withhold her pay as a consequence.
A division bench of Justice Alok Aradhe and Justice Anant Ramanath Hegde heard the habeas corpus petition filed by the father. The father was distressed by the non-execution of a Family Court order from March last year, which granted him custody of their 7-year-old daughter under Section 25 of the Guardians and Wards Act, 1890.
The court stated that the mother’s refusal to hand over custody, even after a final court order, amounted to an abuse of the legal process and could not be tolerated.
On Wednesday, the bench directed the Bangalore Commissioner of Police to ensure that the local station house officer transfers custody of the daughter to the father within 24 hours. The court also initiated suo-motu criminal and civil contempt proceedings against the mother.
Previously, the court had issued non-bailable warrants against the mother and directed the Commissioner of Police, Bengaluru, to ensure her presence in court.
The mother’s counsel argued that the daughter was not in illegal custody. However, the High Court referred to the Supreme Court judgment in Rajeshwari Ganesh vs. State of Tamil Nadu, which emphasized that the primary objective of a habeas corpus petition for child custody is to determine in whose custody the child’s best interests are served.
“In light of the Supreme Court’s ruling, it is clear that in child custody cases, when the child is with one parent, a writ of habeas corpus is maintainable,” the High Court affirmed.
Case No: WPHC 30/2023
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