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Allahabad High Court rules father can entrust children’s custody to relatives, rejects mother’s ‘illegal detention’ plea
The woman had filed the petition seeking directions to produce the minor children who were allegedly in the illegal custody of her husband and his relatives, the Allahabad High Court noted.
The court held that the mother cannot contest the father’s right to hand over the custody of the minors to another person according to his will and consent. (Image generated using AI)
Allahabad High Court news: The Allahabad High Court recently dismissed a habeas corpus petition filed by a mother seeking custody of her minor children, observing that a father, as natural guardian, is entitled to entrust the children’s custody to another person.
Justice Anil Kumar-X was hearing a plea filed by a woman seeking production of her two minor children, alleging that the husband had handed over the custody of the children to his sister and brother-in-law.
Justice Anil Kumar-X heard the matter on April 3.
“A father, being the guardian of a minor, has every right to transfer de facto the custody of his minor child to any person,” the Allahabad High Court said in its order dated April 3.
Habeas corpus plea
The woman had filed the petition seeking directions to produce their minor children from the alleged illegal custody of her husband and his relatives. It was further prayed for a direction to conduct DNA tests of the two children.
According to the petitioner, one of the children was born out of her relationship with the father, and she claimed that the children were no longer in his custody but had been handed over to his sister and brother-in-law, who had no legal right to keep them.
Opposing the plea, the state and private respondents submitted that the petitioner had voluntarily left the matrimonial home and was residing with her parents. It was further stated that the father was engaged in business and was taking care of the children. The court was also informed that even a divorce suit was also filed by the man against his wife.
No merit in ‘bare allegation’: Court
- A “bare allegation” that the father transferred custody of the children to his relatives, and thereby “the said transfer of custody is illegal detention”, is bereft of merit, the Allahabad High Court noted.
- It held that the mother cannot contest the father’s right to hand over the custody of the minors to another person according to his will and consent.
- The court, therefore, rejected the petition.
‘Forceful removal allegation won’t render custody illegal’
In another case, the Allahabad High Court held that a mere allegation of forcible removal of minors by the father does not render custody illegal, as the father is recognised as a natural guardian under the law.
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“Mere allegation that the father has forcibly taken the minors from the custody of the mother, even if accepted on its face value, would not lead to the conclusion that the minors are in illegal detention. The father, being a natural guardian, cannot be said to have taken the minors out of lawful guardianship so as to attract any criminality,” the court ruled on April 10.
The court had made this observation while dealing with a habeas corpus writ petition seeking the production of children alleged to be in the forceful custody of their father.
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