Bengaluru, Karnataka:
The Karnataka High Court has taken strict action against a woman who refused to hand over her 7-year-old daughter to the father, even after a valid court order. The court directed the police to contact her employer and asked that her salary be withheld until the custody order is followed.
The matter was heard by a division bench of Justice Alok Aradhe and Justice Anant Ramanath Hegde. The case involved a habeas corpus petition filed by the father, who was upset because the Family Court’s 2023 order—granting him custody under Section 25 of the Guardians and Wards Act, 1890—was not followed by the mother.
The High Court said that ignoring a final court order is a serious abuse of the legal process and cannot be accepted.
The bench directed the Bangalore Police Commissioner to make sure that the Station House Officer (SHO) delivers the child to the father within 24 hours. It also ordered suo motu criminal and civil contempt proceedings against the mother for disobeying the court.
Previously, the court had even issued non-bailable warrants against the woman and asked the police to present her in court.
In response, her lawyer claimed that the child was not in illegal custody. But the High Court referred to a Supreme Court ruling in Rajeshwari Ganesh vs. State of Tamil Nadu, stating that habeas corpus petitions are valid in custody matters when the best interest of the child is at stake, even if the child is with one of the parents.
The High Court emphasized that parental custody battles are about the child’s well-being, not just legal technicalities. It upheld the father’s right to custody and took firm steps to ensure the court’s earlier decision is implemented.
Case No: WPHC 30/2023
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==
