The Supreme Court recently quashed an FIR filed against a father for taking his son from the mother’s custody. The bench, consisting of Justices UU Lalit, Ravindra Bhat, and Sudhanshu Dhulia, criticized the practice of lodging FIRs in such cases, stating that it unnecessarily burdens the criminal courts.
The case arose when the father filed an appeal to have the FIR against him dismissed. During the hearing, the court emphasized three key factors to consider in custody disputes:
- The child’s well-being and preferences.
- The environment the child will be exposed to, depending on which parent receives custody.
- The child’s age, mental state, and physical comfort level.
It was noted that the child, currently 14 years old, lives with his two older siblings. Their mother had passed away, and during a previous court interview, the child expressed a preference to stay with his mother rather than his father.
Senior Advocate Anjana Prakash, representing the father, raised the issue of custody. The bench questioned why a habeas corpus petition was filed for custody and suggested pursuing the matter through a guardianship court. Prakash explained that the father was not seeking custody at the moment but was focused on quashing the FIR filed against him.
The court’s final order stated that the father had no immediate intention to claim custody but was prepared to provide financial support. He agreed to contribute ₹20,000 per month towards the child’s education and expenses. After reviewing the circumstances, the court concluded that the FIR should be quashed in the interest of justice.
With these remarks, the Supreme Court resolved the case and quashed the FIR against the father.
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