Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
Bhavya Singh
14 Dec 2024 1:00 PM IST
Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father.
In doing so the high court further observed that there was nothing to suggest that the welfare of the minor was in any peril in the hands of the father.
The Court interacted with the mother who informed the court that she had not challenged the family court's 2022 order.
In view of the same, Justice Sanjay Kumar Dwivedi, presiding over the case in its order said, “unless that order is challenged or modified by any higher court the order passed by the learned Court is required to be respected".
The above ruling came in a writ petition filed by the father seeking recovery of his son claiming that his wife took away their child despite a family court order in his favour passed two years ago.
The Court directed the custody of the minor boy to his father, the petitioner, in compliance with an unchallenged decree issued by the Family Court, Ramgarh.
It held, “Decree is in favour of the petitioner (father) and the judgments and the executing order are on the record. It was pointed out that this petitioner (father) is working in the CMPDI and posted at Ranchi. The better financial resources of the either of the parents or their love for the child or the statutory presumptions that father is better suited may be one of the relevant considerations but cannot be the sole determining factors for the custody of the child and the Court is required to consider all this aspect judiciously.”
“There is nothing on record to suggest that the welfare of the child is in any way in peril in the hands of the father and the decree is in favour of the petitioner, who is the petitioner,” the Court added.
The petitioner ensured the Court regarding the child's well-being. “The Court has also interacted with the petitioner in presence of the learned counsel appearing for the petitioner as well as Mr. Achyut Keshav, learned AAG-V and he has stated that he will take all care of the child and he will provide good education, physical comforts and the moral and ethical values,” the Court noted.
Noting that the mother has been made an accused in an FIR which has been registered registered under different Sections of the IPC, the court ordered her release citing the "child's welfare". Additionally, the court allowed visitation rights to the mother permitting her to meet the child every Sunday from 10:30 AM to 1:30 PM until the writ petition is disposed of.
The court directed that the police to release the mother on bail on her furnishing personal bail bond of Rs.10,000 in connection with the criminal case registered against her.
"Learned counsel appearing for the State will ensure that the Child Welfare Officer will also interact with the petitioner along with the child for welfare of the child and counselling if required by way of good counsellor be also provided before the next date of listing and a report to this be submitted before this Court before the next date of listing in a sealed cover", the court further said while listing the matter on January 3, 2025.
Case Title:X vs The State of Jharkhand & Ors.
