K’taka HC Issues NBW Against Mother For Failure To Hand Over Custody Of Child To Father

The Karnataka High Court recently issued a non-bailable warrants against a woman and ordered the Commissioner of Police, Bengaluru, to keep the woman present in court for failing to hand over custody of her minor child to her father as directed by the court.

While hearing the habeas corpus petition filed by the father seeking directions to produce the minor child, a vacation bench of Justice S Sunil Dutt Yadav and Justice C M Poonacha stated, “This is a matter requiring serious attention in light of the mother attempting to evade the Court process and it is clear that she does not intend to appear until coercive steps are taken and even otherwise, it appears that the mother’s actions amount to an abuse of judicial process.”

Following that, it issued orders requiring her to appear in court. “The Police Authorities to ensure that the child accompanies the mother when she is produced before this Court, while executing the Non-bailable Warrant. In the event that mother is apprehended beyond the jurisdiction of this Court, the Police Authorities shall take all required measures to protect the child’s interests during travel,” the bench stated.

By ruling dated 03.03.2022, the Family Court granted petitioner Dr Rajeev Giri’s guardianship application, and the respondent-mother was ordered to hand up care of the kid within one month. Despite this, the order remained unexecuted for more than a year.

The woman challenged the family court order before the High Court, which dismissed the appeal in a decision dated January 31, 2023, and the Special Leave petition against the High Court order was also denied.

The High Court also ordered the mother to hand over custody to the kid’s father after finding that she was more concerned with her illicit relationship at work than with the wellbeing of her child.

“The Courts are not only required to consider the child’s comforts and attachments, but should also take into consideration the surroundings in which the child is growing, the moral and ethical values which the child learns by observation, the availability of care and affection when the child needs it the most, and thereafter strike a balance which would be more beneficial for the child’s welfare and interest,” it had stated.

During the hearing on Thursday, the bench noted that the woman had filed a memo in the Registry on an earlier occasion when it had issued notice, indicating that she is aware of the hearing “despite which she is evading her presence.”

Public Prosecutor V.S.Hegde told the court that despite the best efforts of the police, they have not been able to locate the mother, and there are reasons to suspect she is in Delhi. According to the Status Report filed by Police, efforts to serve notice on her failed since she relocated her residence and is no longer available at her office. “The Foreign Regional Registration Offices (FRRO) have been informed, and a Look Out Notice has also been issued,” the Court was told.

As a result, the court ordered that while executing the Non-bailable Warrant, if the mother is in a jurisdiction other than Karnataka, the competent Police Authorities are ordered to cooperate in ensuring the execution of the Non-bailable Warrant issued to the mother.

The matter is scheduled for further hearing on May 9, 2023.