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VENKATESH NAIK T.
Kushagra, S/o. Sudhir Sinha – Appellant
Versus
State Of Karnataka, Through Khadebazar P. S, Belagavi, Represented By The State Public Prosecutor, High Court Of Karnataka – Respondent
ORDER :
(Venkatesh Naik T., J.) :
Heard learned counsel for the petitioner, learned H.C.G.P for respondent No.1 State and learned counsel for respondent No.2-defacto complainant.
Though the matter is listed for admission, with the consent of learned counsel appearing for the parties, the matter is taken up for final hearing.
This is a petition seeking to quash the first information report in Cr.No.53/2023 registered by Khadebazar police station, Belagavi for the offence punishable under Section 363 IPC.
2. At the instance of first information lodged by respondent No.2/biological mother, a crime has been registered against the petitioner/ biological father. First informant mother has alleged that on 20.08.2023 at 7.00 p.m., the petitioner-father forcibly took away their minor son aged about two years, from the house of defacto – complainant and thus committed offence of kidnapping.
3. A short issue that falls for consideration is "whether a father can be booked for the offence of kidnapping for taking away his own minor child from the custody of the mother?' and 'whether it would attract the offence under Section 363 IPC?
4. Learned counsel for the petitioner would submit that by no stretc
A father cannot be charged with kidnapping his own child from the mother’s custody unless a court order restricts his guardianship rights.
A father cannot be charged with kidnapping his own child from the custody of the mother unless there is a court order prohibiting him from doing so, as both parents are considered lawful guardians un....
A biological father taking lawful custody of his children with the mother's consent does not constitute kidnapping under Section 361 IPC.
Right of mother to custody of children is not absolute right and that right is not superior to right of lawful guardian.
Under Mohammedan law, the father is the natural and legal guardian of the minor children. The mother's right to the custody of the children is not absolute and is subject to the right of the lawful g....
The welfare and interest of the child are of paramount consideration in custody disputes, and the role of a mother as a lawful guardian is crucial.
The court ruled that taking children without consent from their lawful guardian constitutes kidnapping under IPC, emphasizing adherence to court-established visitation rights.
Kidnapping from lawful guardianship – Consent of victim is immaterial and subsisting family bond cannot be excuse for escape of victim from parental custody at pretext or behest of pleasant and affab....
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