Father can’t be booked for kidnapping his own child: Bombay High Court
The Nagpur bench of the Bombay High Court said that unless a court decrees otherwise, both a child's father and mother are recognized as lawful guardians.
In an undeniably influential ruling, the Nagpur bench of the Bombay High Court declared that in the absence of legal prohibition, a biological father cannot be charged with kidnapping his own child. This verdict came about as the result of a case involving a 35-year-old man.
The Legal Guardianship Status of a Father
The court order, released on October 6, concluded that unless a court decrees otherwise, both a child’s father and mother are recognized as lawful guardians. This means that a father cannot be penalized for taking his minor child from the mother’s custody. The term ‘guardian’, as the court pointed out, includes anyone who looks after a minor.
The Impact of The Father’s Action
According to the bench, when a biological father removes a child from the mother’s custody, it results in nothing more than the transfer of the child from the care of one natural guardian to another. This critical legal insight prompted the court to dismiss the First Information Report (FIR) lodged against the man on his estranged wife’s complaint that he had kidnapped their three-year-old son.
The Man’s Defense and The Court’s Decision
Back in March 2023, when the FIR was filed, the man asserted his status as the child’s father and natural guardian, arguing that he could not be accused of kidnapping on those grounds. The court agreed, noting that the continued prosecution of this case would constitute an abuse of the legal process.
In citing supporting laws, the court referred to the Hindu Minority and Guardianship Act’s definition of a minor’s natural guardian. This Act makes it clear that for a Hindu minor, the father typically serves as a natural guardian, followed by the mother. Echoing this, the High Court stated that it was evident that the father is a minor’s natural guardian unless the child’s mother has been granted legal custody by a court order.
You might also be intersted in – Families cannot object to an individual’s right to marry, states Delhi High Court
