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KULDEEP MATHUR
Siddharth Pokharna – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Kuldeep Mathur, J. - With the consent of learned counsel appearing for the parties, the matter is taken up for final disposal.
2. The present criminal misc. petition has been preferred by the petitioner praying for the following reliefs:-
Any other appropriate order which this Hon'ble Court deems fit any proper in the facts and circumstances of the case may kindly be passed."
3. Learned counsel for the petitioner submitted that the petitioner who is the father of minor children namely Master Arjun Pokharna and Master Krishna Pokharna cannot be charged for the offences of kidnapping of his minor children, as defined under Section 361 IPC, punishable under Section 363 IPC.
4. Learned counsel submitted that the marriage between petitioner and respondent No.5 was solemnized as per Hindu rites and rituals on 12.11.2016. The par
A biological father taking lawful custody of his children with the mother's consent does not constitute kidnapping under Section 361 IPC.
A father cannot be charged with kidnapping his own child from the mother’s custody unless a court order restricts his guardianship rights.
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.
Right of mother to custody of children is not absolute right and that right is not superior to right of lawful guardian.
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....
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 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....
The consent of the legal guardian is essential for quashing FIRs related to kidnapping under IPC, as the minor's consent is immaterial.
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