Custody of minors must adhere to legal procedures; arbitrary actions by child welfare authorities are illegal and can lead to reversal of custody transfers.

ORDER :

This writ petition in the nature of habeas corpus is filed by the petitioner, namely Mrs. Rehana Begum, for a direction to respondent Nos.1 to 3 to produce her minor children, namely Ms.Shariba Kousar, aged about 9 years, and Ms.Iqra Fatima, aged about 4 years, from the custody of respondent No.5, who is none other than their father and husband of the petitioner.

2. We have heard Sri P.Usman, learned counsel appearing on behalf of Sri Mohammad Niyas, learned counsel for the petitioner, so also learned SPP Sri.B.A.Belliyappa for respondent Nos.1 to 4.

3. It is the contention of the learned counsel for the petitioner that due to the matrimonial dispute pending between the petitioner and her husband, i.e., respondent No. 5, the husband had lodged a complaint before the Child Welfare Committee I (CWC for short) for seeking custody of the minor children. Respondent No.4, the Chairperson of the CWC arbitrarily summoned the petitioner through Chandra Layout Police and secured the petitioner and her children before the CWC and thereby illegally handed over the children to the 5th respondent. Hence, aggrieved by the said act of the 4th respondent, so also respondent Nos.3 and 5, the petitioner filed this writ petition, praying to issue a writ of habeas corpus directing respondent Nos.1 to 3 to produce the minor children before this Court.

4. Learned SPP after taking notice in this writ petition, seeks time to file his statement of objections.

5. We have perused the documents made available before us so also given our anxious consideration to the submission made by the learned counsel for the petitioner, so also learned SPP.

6. It could be seen from the records that the petitioner is none other than the wife of 5th respondent. They both blessed with two children, namely Ms.Shariba Kousar, aged about 9 years and Ms.Iqra Fatima, aged about 4 years. In connection with the matrimonial dispute, the 5th respondent all of a sudden approached the CWC and filed a complaint to secure the children and handover to his custody. The 4th respondent, the Chairperson of CWC, by considering the plea of 5th respondent, without following due procedure or having any such power or Authority, not only summoned the petitioner through the 3rd respondent police but also illegally handed over the children to the 5th respondent. This act of 4th respondent shocks the conscience of this Court. The Child Welfare Committee headed by the Chairperson, who acted beyond their power and jurisdiction. Hence, we directed the learned SPP to keep present the respondent Nos.3 to 5 along with the minor children by 2.30 p.m. today.

7. In pursuance of the said order, respondent Nos.3 to 5 are present before this Court along with the minor children (detunes). On query made to the 4th respondent about her act of handing over the children to 5th respondent without any such order by the competent Court of law, she was unable to answer the said query and submits that, as per the request made by 5th respondent, she summoned the petitioner through 3rd respondent/police and handed over the children to the custody of 5th respondent i.e. the father of the children. At the cost of repetition, we are appropriate to mention that this act of the 4th respondent wholly without jurisdiction, illegal and also arbitrary. In such circumstances, we directed the 5th respondent to handover the children to the petitioner/mother. The children who are present before this Court happily joined their mother i.e. the petitioner. Nevertheless, the father/5th respondent not seriously claimed the custody of the children. Be that as it may, the said aspect has to be decided by the competent Court of law. In view of the same, t