1 week ago
Karnataka High Court Fines Father for Taking Daughter
A father and mother were having a disagreement about where their daughter should live.
During a court visit, the father took the girl away without a new court order.
The mother said this was wrong and asked the court for help.
The Karnataka High Court said a child must not be treated like an object.
It said children have rights, including safety, dignity and a chance to be heard.
The court fined the father Rs 5 lakh.
It also told him to bring the child to the family court on August 25.
The court had earlier created a schedule for the father to speak with and visit his daughter.
The High Court changed that schedule to account for the distance between Bengaluru and Pune.
The Karnataka High Court imposed Rs 5 lakh in costs on a father who forcibly took his minor daughter from a Bengaluru court premises.
The court directed him to produce the child before the Bengaluru family court on August 25.
The incident occurred on July 18 after the mother brought the child from Pune for a divorce proceeding.
The High Court said taking the child without a court order violated her human rights and dignity.
One lakh rupees will go to the Army Welfare Fund, while the rest will be placed in a fixed deposit for the child.
- Who
- The Karnataka High Court, a father, his estranged wife and their minor daughter.
- What
- The court fined the father Rs 5 lakh and ordered him to produce the child before the family court.
- Where
- The incident occurred at the Bengaluru family court; the mother and child had relocated to Pune.
- When
- The child was taken on July 18; the High Court issued its direction on Wednesday and set August 25 for production of the child.
- Why
- The court found that the father took the child abruptly and without a court order, violating her dignity and basic human rights.
Mother's position
Father's position
Child's residence and contact
Mother's position
The mother said the child had lived with her since June 2021, was enrolled in school in Pune and could be harmed emotionally by abrupt overnight visitation; she sought to limit the father's contact to digital interactions.
Father's position
The father had sought permanent custody of the daughter and was granted communication rights, day visitation and overnight custody under interim family-court arrangements.
Taking the child from court
Mother's position
The mother sought an order requiring the father to produce the child and restore custody to her after he took the child from the court premises.
Father's position
The father took the child to his sister's house and did not return her even when police insisted; the High Court rejected this action as unjustifiable and contrary to the child's rights.
Key facts
- Penalty
- Rs 5 lakh in costs imposed on the father.
- Incident date
- July 18.
- Production date
- The child must be produced before the Bengaluru family court on August 25.
- Fund allocation
- Rs 1 lakh is to be deposited with the Army Welfare Fund.
- Child's deposit
- The remaining Rs 4 lakh is to be placed in a fixed deposit in the minor daughter's name.
- Distance
- Bengaluru and Pune are 838 km apart, according to the High Court.
- Earlier visitation arrangement
- The father was granted communication rights and overnight custody once a month for two days.
Quotes
Justice Dr Chillakur Sumalatha
Karnataka High Court judge who issued the order
“It is wholly unjustifiable on the part of respondent/father in taking the custody of the child abruptly and without any order of the court whatsoever…Adults as well as children have equal human rights. In the case on hand, the child was taken away as if she was a commodity or lifeless object.”
indianexpress.com
“The act of the father taking the child from the Court premises cannot be appreciated. For taking the child into his custody, it is expected on his part to consult the person with whom the custody is in accordance with law.”
indianexpress.com
Sources
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