Chandigarh: Punjab and Haryana HC on Wednesday ruled that a parent cannot be accused of kidnapping his own child, to give custody of a 12-year-old boy Australia -based mother Amidst a family dispute.
Justice Harpreet Singh Brar pronounced a listening verdict Habis Carpus The child’s ancestral uncle was filed by King Reiki of Gurgaon. Reiki demanded the release of the boy whom he had called the mother’s illegal custody, who had taken the child, while his father was on a commercial visit to Belgium.
“For an act for kidnapping, it is necessary that the minor be taken from custody”Lawful guardianHowever, a mother falls well within that realm, especially in the absence of an order passed by a competent court, dividing it the same, “the court said.
On April 24, the boy’s father Amit Rekhi was abroad, when the mother allegedly broke into her office, took the child’s passport, and left with him. According to the uncle’s petition, she told the false police that she was carrying the boy briefly to meet her parents in Delhi – a claim that she disputed her, saying that her mother does not live there. The petitioner also alleged that she intends to take the child to Australia, where she currently lives.
The mother told the court that she had come to India because the boy was released in the care of the house and requested her appearance. She produced the call logs and messages exchanged with the child and argued that as her mother and natural guardian, she retains. Custody rights The Gurgaon family’s court is until the case of pending mentor was resolved.
HC said, “It will be just more prudent for this court to keep in mind Detneu’s wishes and goodness, which is 12 years old, and is able to form a rational opinion about his living status,” HC said, siding with mother.
