HC returns child taken by dad to mum

NT Correspondent

Bengaluru: The High Court of Karnataka has returned the custody of a minor child to its mother in Bengaluru after finding that the husband had taken away the child illegally. The father had taken the child on the pretext of taking her to a doctor but instead went to the airport and flew to West Bengal where he works.

“From the perusal of stand taken (in) the statement of objections, it is axiomatic that the mother and grandmother of the child had given consent to take the minor daughter only for treatment. However, the respondent (husband) took the daughter away to the airport and went to the state of West Bengal and got their daughter admitted in a school in West Bengal,” the HC said in its order after hearing the habeas corpus petition filed by the mother.

The 36-year-old woman had approached the HC with a habeas corpus petition that was heard by the division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil. She was married in 2012 and had a female child in 2016.

The couple lived together in Bengaluru till 2018. She filed a complaint on January 4, 2023 that on December 16, 2022 her husband forcibly took away their daughter to West Bengal. The husband filed a suit in West Bengal seeking guardianship of the minor daughter.

The woman initiated proceedings in Bengaluru seeking custody of the child. She also approached the HC with the habeas corpus. The Division Bench in its order said that the minor “was removed from the lawful custody of her mother on 16.12.2022 from Bangalore.” The HC directed that the husband return the custody of the child to the mother.

“In the fact situation of the case, we direct respondent No.7 to immediately handover the custody of the child to the petitioner pending adjudication with regard to issue of custody/ interim custody of the minor daughter in a proceeding which has been initiated at the instance of the petitioner and respondent for their appointment as guardian,” it said. The HC however also directed that the father should have visitation rights.

“It is well-settled in law that the concept of guardianship of a ward is essentially different from custody of the ward. The court has to ensure that sufficient visitation rights to a parent who is not given child’s custody should be granted so that the child may not lose social, physical and psychological contact with her. It is in the best interest of the child to have parental care of both the parents if not joint then at least separate.”