Court Directs Compliance with Family Court Decree and Emphasizes Child Welfare Guidelines
In a significant ruling, the Kerala High Court has directed the return of a minor child to the mother in a Habeas Corpus petition, citing the welfare of the child as paramount. The case involved a dispute where the father unlawfully removed the child from the mother's custody, despite a Family Court decree granting her permanent custody. The judgment, delivered by Chief Justice Soumen Sen and Justice Syam Kumar V.M., emphasized adherence to legal processes and the established custody decree.
The mother, Hayarunisa Abdul Hakkim, filed the petition against the Director General of Police and others, seeking the return of her child who was taken by the father during school hours. The court, after interacting with the child and both parents, concluded that the child expressed a desire to be with the mother, contradicting the father's actions.
The court criticized the father's unilateral decision to remove the child, highlighting the necessity for any custody modifications to go through proper legal channels. It expressed concern over the child being used as a pawn in parental disputes, urging responsible behavior from both parties.
Furthermore, the court referenced guidelines formulated by the Calcutta High Court for child access and custody, directing these to be followed in Kerala's Family Courts until further recommendations are made. The judgment also called for a social investigation report by a Child Welfare Officer to ensure the child's welfare in ongoing execution proceedings.
This decision comes amid ongoing mediation in a related matrimonial dispute between the parties. The court emphasized that all parties should prioritize the child's welfare in their decisions.
The Registrar General has been instructed to circulate the child custody and access guidelines to all relevant judicial authorities in Kerala, reinforcing the focus on child welfare in legal proceedings.
Bottom line:-
Habeas Corpus petition filed by mother seeking custody of minor child despite Family Court decree granting custody to her - Father removed child from her custody unlawfully - Welfare of child prioritized - Guidelines for child access and custody formulated by Calcutta High Court to be followed by Family Courts in Kerala until further recommendations are made.
Statutory provision(s): Habeas Corpus, Family Law, Child Custody and Access Guidelines, Execution of Custody Orders, Protection of Women from Domestic Violence Act, 2005
Hayarunisa Abdul Hakkim v. Director General of Police, (Kerala)(DB) : Law Finder Doc id # 2913078
