BENGALURU: Abruptly taking the custody of the child by the father 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 human rights, said the Karnataka High Court while imposing Rs 5 lakh cost on him for taking away the girl child in violation of the court’s order as well as basic human rights.
Justice Chillakur Sumalatha passed the order to pay Rs 1 lakh to Army Welfare Fund and deposit Rs 4 lakh in the name of the minor girl child, while allowing the petition filed by a 32-year-old mother from Pune in Maharashtra, challenging the order of the family court which refused to direct the father to hand over the girl child to her as she was abducted by the father in his car when she came with her mother to attend the matrimonial dispute proceedings at the family court in the city on July 18.
“The things that went on between the spouses, where each of them claims themselves to be the aggrieved party, disclose a sad state of affairs. Indeed, the aggrieved party is the child in question. Basic human rights of the child are violated in this case... In the case on hand, the child was taken away as if she is a commodity or lifeless object”, the court observed.
Quashing the order dated July 29, 2026, passed by the family court which dismissed the interlocutory application filed by the mother seeking directions to the father to produce the child and restore the custody to her, the high court directed the father to hand over the custody of the seven-year-old girl to the mother by producing her before the family court on August 25.
The court noted that the child’s right to be treated with dignity, to live in a secure atmosphere, to be protected from all kinds of abuse, audience before courts of law, to participate in issues relating to family, to get education of his/her choice, etc., is an integral part of Article 21 of the Constitution of India, which guarantees the Right to Life. Children, being the most vulnerable members in society, are required to be treated with empathy, sensitivity and compassion, the court observed.
The court also said in case the father feels that the child will not be safe in the hands of the mother or the child will feel difficulty in living at Pune, nothing could have prevented him to move an application bringing to the notice of the family court about the same.