The Gujarat High Court has reiterated that as the father is the natural and lawful guardian of a child who is under the age of 5, the removal of child from the custody of her mother, can’t be considered an offence u.s 361 IPC ( kidnapping from lawful guardianship). The Bench of Justice Ilesh J
Father Removing A Child of Less Than 5 Years of Age From Mother’s Custody Can’t Be Booked For Kidnapping As The Father Is The Natural Guardian Of The Child: Gujarat HC
