High Court orders man to hand over custody of twins to estranged wife

The woman said that as she is the natural guardian, the twins were staying with her, and sought directions from the court that the husband should hand over their custody. Following this, the court directed the husband to hand over custody of the children, failing which the police will take action.

Justice N M Jamdar and Justice N R Borkar heard the plea filed by the mother on August 25.

Advocate Prashant Pandey, appearing for the woman, said that she got married on November 25, 2013, and the children were born thereafter. As disputes arose between the couple, they started staying separately from January, he added.

In her complaint to the Rabale police station, the woman had alleged that on July 4, around 2.30 pm, when her help picked up the twins from the play school, someone took the children and handed them over to a person in an autorickshaw. It added that as the help shouted for help, the autorickshaw left. When the woman called her estranged husband, there was no answer.

Chief Public Prosecutor Aruna Pai, appearing for the state, confirmed that the investigation has revealed that the woman’s allegations were justified.

Advocate Limbadari V Bommer, appearing for the husband, said that proceedings under the Domestic Violence Act are pending in connection to the couple and the custody issue can be decided there. The lawyer conceded that the children have been staying with his client since July 4.

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The HC held, “The husband, without resorting to any process of law to secure the custody of the children, who were with their mother, the natural guardian, has brazenly taken them away by force. Such conduct cannot be countenanced.”

It added that it is open for both parties to initiate appropriate proceedings in the ordinary court of law pertaining to their legal rights to the custody of the children. Disposing the plea, the HC posted next hearing on August 29, when the husband has to report that he has handed over custody of the children to the mother.