Supreme Court Quashes FIR Against Father for Taking Son from Mother’s Custody
The Supreme Court on Thursday quashed an FIR filed against a father for taking his son from the custody of the mother. The bench, comprising Justices UU Lalit, Ravindra Bhat, and Sudhanshu Dhulia, criticized the practice of filing criminal cases in family custody disputes, stating it burdens the courts unnecessarily.
The case involved an appeal by the father seeking to quash the FIR registered against him. The Court highlighted three key factors considered in custody matters:
- The child’s welfare and best interests.
- The environment the child would be exposed to with each guardian.
- The child’s mental and physical comfort, considering their age and needs.
In this case, the child, now 14 years old, is living with two elder siblings who are 10 years older. Their mother has passed away. When the father previously approached the Allahabad High Court four years ago, the child had expressed a preference to stay with his mother.
During the Supreme Court hearing, Senior Advocate Anjana Prakash submitted arguments for the custody of the child. However, the bench advised moving a guardianship court instead of filing a habeas corpus petition. The Court clarified that the father is not seeking custody but only the quashing of the FIR against him.
The father also assured the Court that he would contribute ₹20,000 per month for the child’s education and expenses while respecting the child’s wish to stay with the elder siblings.
The bench concluded, “Considering the allegations in the FIR and the overall circumstances, the ends of justice demand that the FIR be quashed.” The Court granted the father’s plea and disposed of the case.
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