Bhopal: In a significant ruling, a division bench of the Madhya Pradesh high court restored custody of a seven-year-old girl to her mother, stating that the father could not have taken the child without a custody order from a competent court. The mother had filed a habeas corpus petition, alleging that her estranged husband abducted the child.
Court Proceedings
The bench, comprising Justice Pranay Verma and Justice J K Pillai, heard the case after the father produced the girl in court. The mother contended that the child had been living with her since birth and had never resided with her husband. She claimed that the father visited her home in Jabalpur, took the child on the pretext of spending time, and then refused to return her, making the custody illegal.
Father's Defense
The father appeared in person and argued that his daughter willingly accompanied him to meet her grandmother. However, he admitted that the child had always lived with her mother and that no court order granted him custody.
Child's Preference
The judges interacted with the girl, who expressed her desire to continue living with her mother, not her father. The court emphasized that even if the father's explanation were accepted, he had not legally obtained custody and therefore could not retain it.
Final Order
The court handed over custody to the mother but directed her to allow the father to communicate with the girl whenever he wishes. The father was also granted liberty to pursue legal remedies for custody.
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