When issue is subject to Family Court, a parallel remedy in High Court cannot be sought: HC

NT Correspondent

Bengaluru: When parties in a dispute have subjected themselves to a Family Court, they cannot then approach the High Court and invoke parallel remedies, the Karnataka HC has ruled in a recent judgment.

The HC gave this judgement in a habeas corpus petition filed by a 42-yearold from Australia who had filed it through his father.

The petition was filed seeking to secure the custody of the seven-year-old son of the petitioner who was said to be in the illegal custody of the wife and her parents.

The counsel for the wife submitted that “the parties have subjected themselves to the jurisdiction of the Family Court under Guardians and Wards Act in (a case) pending before the IV Additional Principal Judge, Family Court, Bengaluru.

On 28.07.2022, the Family Court has passed an order granting interim custody of the child to respondent No.3. Parties are governed by the orders of the Family Court. Hence, this petition is not maintainable.”

The counsel for the husband contended that an Australian court had given a judgement before the Family Court granting him custody of the child. Therefore his petition was maintainable and the child should be given to him. The HC said that parallel remedies cannot be sought when the issue is subject to another court.

“We have carefully considered rival contentions. Undisputed facts of the case are, parties have subjected themselves to the Family Court in Bengaluru and the interim custody of the child has been given to respondent No.3. The order passed by the Family Court is not challenged. Petitioner cannot be permitted to invoke parallel remedies.”

Disposing the petition, the division bench of Justice PS Dinesh Kumar and Justice TG Shivashankare Gowda said, “In view of the above, this petition is disposed of with liberty to approach this court based on the outcome of proceedings of the Family Court and if such petition is maintainable in law. We express no opinion on the merits of the case or maintainability of this petition. 7. In view of disposal of this petition, pending interlocutory applications, if any, do not survive for consideration and they stand disposed of.” (WPHC 99/2022)