In a significant judgment reinforcing the rights of lawful guardians, the Telangana High Court ruled that a biological parent acting as a lawful guardian cannot be accused of kidnapping for taking their child from the custody of the other parent. The decision, delivered on January 8, 2025, by Justice Juvvadi Sridevi, underscores the principle that such actions fall within the bounds of lawful guardianship and do not constitute a criminal offense.
The case in question, CRLP No. 16187 of 2024, involved allegations under Section 137(2) of the Bharatiya Nyaya Sanhitha, 2023. The court stayed all proceedings in FIR No. 1236 of 2024, registered at Panjagutta Police Station, Hyderabad, against the petitioner, the child’s biological mother, until February 13, 2025.
Background of the Case
The dispute arose when the petitioner, a biological mother and lawful guardian, took her minor child from the custody of the father. The father, who is the de facto complainant in the case, filed a criminal complaint alleging violation of custody arrangements.
Represented by Advocate Sri Y. Soma Srinath Reddy, the petitioner contended that her actions were motivated by maternal instincts and the welfare of her child. She argued that as a natural guardian, her conduct was lawful and could not be treated as a criminal offense under the Bharatiya Nyaya Sanhitha. She also emphasized that the remedy for any alleged violation of custody orders lies with Family Courts and not through criminal complaints.
The State, represented by Additional Public Prosecutor Sri Jithender Rao Veeramalla, opposed the petition. The State argued that the mother’s actions violated the custody arrangement and warranted criminal proceedings.
Legal Issues
The case raised critical legal questions:
1. Criminal Implications of Guardianship Actions: Could a biological parent who is also a lawful guardian be accused of committing a criminal offense for taking custody of their minor child from the other parent?
2. Jurisdiction of Family Courts: Should disputes arising from custody arrangements be addressed through Family Courts rather than criminal complaints?
3. Role of Lawful Guardianship: How does the law interpret actions of a natural guardian in the context of custody disputes?
Court’s Observations
Justice Juvvadi Sridevi made several important observations in the case:
1. Parental Rights and Lawful Guardianship: The court held that the petitioner, as a biological mother and lawful guardian, could not be deemed to have committed a criminal offense by taking custody of her child. Moving a child from one lawful guardian to another does not constitute kidnapping or other criminal offenses.
2. Precedent from Bombay High Court: The court referred to a ruling by the Bombay High Court in Criminal Application No. 552 of 2023, which held that actions by a lawful guardian, whether the mother or father, do not amount to criminal offenses when custody is transferred between guardians.
3. Appropriate Forum for Disputes: The court emphasized that disputes regarding custody and guardianship should be resolved in Family Courts, which are better suited to address such matters, rather than escalating them to criminal proceedings.
4. Child Welfare as Paramount: Justice Sridevi underlined that decisions regarding custody and guardianship must prioritize the welfare and best interests of the child.
Court’s Decision
The court found the petitioner’s actions to be lawful and rooted in her rights as a guardian. Staying all further proceedings in the FIR, the court granted interim relief to the petitioner until February 13, 2025. Justice Sridevi reiterated that such custody matters are outside the purview of criminal law and must be addressed in the appropriate civil forums.
