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Fines Father ₹5 Lakh for Abducting Minor Daughter from Premises
In a strongly worded judgment that reaffirms the constitutional rights of children, the has imposed a cost of ₹5 lakh on a father for taking his minor daughter from the premises in clear violation of court orders. The single bench of Dr. Justice Chillakur Sumalatha directed the immediate restoration of the child’s custody to the mother, holding that the father’s abrupt action treated the child as “a ” and infringed her basic .
The case arose from a bitter custody dispute between a couple undergoing divorce proceedings. The mother had filed a petition seeking dissolution of marriage before the , while the father had separately sought custody of the child, then approximately seven years old. An of the , later modified by the High Court in a , granted the father and directed him to return the child to the mother after the visitation period ended. Despite these orders, on , the father allegedly took the child from the premises, where the mother and child were present, and drove away with her in his car.
The mother’s complaint detailed that the father took the child to his sister’s residence, where she was denied entry. The police were called, but according to the mother, the father and child came to the police station only to leave again without informing the officers. The mother immediately moved the High Court for production and restoration of custody, after the dismissed her application.
Violation of Court Orders and
The High Court’s order sharply criticised the father’s conduct. The bench noted that he had not only violated the ’s but also the specific directions issued by the High Court in an earlier . The court observed:
“Abruptly taking the custody of the child without at least enquiring the child whether she is willing to accompany and giving time to the child at least to think about, to respond and to make up her mind, is in clear violation of basic … Adults as well as children have equal . In the case on hand, the child was taken away as if she is a .”
The court underscored that a child’s right to be treated with dignity, to live in a secure environment, and to be heard in matters affecting her welfare are integral to , which guarantees the . The judgment emphasised that the father could have approached the if he genuinely believed the child would not be safe with the mother, rather than taking the law into his own hands.
Directions and Penalty
The court directed the father to produce the child before the on , at 10:30 AM for handing over custody to the mother. Until the father provides proof of payment of the ₹5 lakh cost, he will not be permitted to conduct the case in the . The cost is to be apportioned as follows: ₹1 lakh shall be paid to the , and the remaining ₹4 lakh shall be deposited in a fixed deposit account in any nationalised bank in the name of the minor daughter.
The bench noted that the father’s action was “wholly unjustifiable” and a clear violation of both the and High Court orders. By taking the child abruptly and without any court order, the father had “taken the law into his hands” and violated the child’s basic .
Legal Implications and Broader Impact
This judgment is significant for several reasons. First, it reinforces the principle that children are not chattels to be moved or contested over without regard to their welfare. The court’s emphasis on hearing the child and respecting her autonomy—even at a young age—aligns with evolving jurisprudence under the and international conventions such as the .
Second, the substantial cost of ₹5 lakh serves as a strong deterrent against and in custody disputes. The direction that a portion of the fine be paid to the —likely a reference to the fund supporting armed forces personnel—adds a rehabilitative element, while the deposit in the child’s name ensures that the penalty directly benefits the victim.
Third, the judgment highlights the importance of compliance with interim custody orders. Parents who attempt to circumvent court proceedings by physically taking the child will face severe consequences, including being barred from prosecuting their case until the cost is paid.
Practitioners in family law will note the court’s insistence on the child’s right to be heard, even in the context of a heated custody battle. The ruling may encourage more family courts to adopt child-friendly procedures, such as separate interviews or the appointment of a , to ascertain the child’s wishes.
Conclusion
The ’s decision in this case sends a clear message: a child is not a commodity to be seized at will. The judgment reaffirms that custody disputes must be resolved through lawful means, with the child’s and at the forefront. By fining the father and ordering the immediate return of the child, the court has upheld the and protected the dignity of the minor. The case serves as a crucial precedent for dealing with within the court premises and underscores the judiciary’s commitment to treating children as rights-holders, not objects of possession.
