‘Child not commodity’: Karnataka High Court fines father for forcibly taking away child

The incident happened on July 18, when the woman, who had relocated to Pune with her daughter, came to the Bengaluru family court with the child to attend her divorce case filed in 2015. After the court process, the father forcefully took the child in his car and took her to his sister’s house. Even on the insistence of the police, the father did not give the child back to the mother.

‘Violation of basic human rights’

Noting that the father abruptly took custody of the child without at least enquiring whether she was willing to accompany him, the court said the action violated the child’s basic human rights.

The court emphasised that it is the child’s right to be treated with dignity, to live in a secure atmosphere, to be protected from all kinds of abuse, to participate in issues relating to family, to get education of her choice, etc, and it is an integral part of Article 21 of the Constitution, which guarantees the Right to Life.

The High Court held that the father who has sought the custody of the daughter shall not be permitted to conduct his case until proof of payment of costs is produced. It said that out of 5 lakh, Rs 1 lakh shall be deposited with the Army Welfare Fund and the remaining amount as fixed deposit in a bank in the name of the minor daughter.

The court in the order said, “Children, being the most vulnerable members in society, require utmost care, adequate protection and special attention. Children are required to be treated with empathy, sensitivity and compassion.”

Following which it held, “The act of the father taking the child from the Court premises cannot be appreciated. For taking the child into his custody, it is expected on his part to consult the person with whom the custody is in accordance with law.”

Dispute over child custody

After the woman filed the divorce case, the husband had approached the family court seeking permanent custody of the child.

In an interim order passed on April 17, when both parents were residing in Bengaluru, the family court allowed the father communication rights on alternate days, day-visitation on the fourth Sunday of every month, and overnight custody from the second Friday evening to the following Sunday evening.

The woman challenged this interim arrangement before the High Court, arguing that the child had been residing with her since June 2021 and that an abrupt shift to overnight visitation would harm the child’s emotional stability. She further submitted that she had relocated to Pune in Maharashtra for her job, where the child is enrolled in school, requesting that the father’s contact be limited to digital interactions.

Acknowledging that the distance between Bengaluru and Pune is 838 km, a flight journey of about an hour and a half, the High Court modified the family court’s interim order to make it feasible across state lines.

The coordinate bench had modified the family court order, and the father was granted communication rights and overnight custody of the minor daughter once a month for two days. He was permitted to pick up the child after school on the second Friday of the month and must return her to the mother in Pune by 8 pm or 9 pm. on Sunday. The bench had added that the father is free to either spend time with the child in Pune or bring her to his residence in Bengaluru.

After the man took away his daughter, the estranged wife moved the family court seeking to direct the father to produce the child and restore the custody to her. However, the family court dismissed the application, prompting her to approach the High Court.