The Karnataka High Court has ordered a man to pay a penalty of Rs 5 lakh after he forcibly abducted his minor daughter from her mother on court premises, directing him to produce the child before the Bengaluru Family Court by August 25.
Justice Dr. Chillakur Sumalatha ruled that the father will be prohibited from participating in his ongoing custody proceedings until he submits proof that the penalty has been paid. Under the court decree, Rs 1 lakh of the fine will be donated to the Army Welfare Fund, while the remaining Rs 4 lakh must be deposited into a bank fixed deposit account established in the daughter’s name.
Incident Premises And Legal Escalation
The ruling follows a July 18 incident at the Bengaluru Family Court, where the mother had traveled from Pune with her daughter to attend proceedings in a divorce lawsuit initiated in 2015. Following the court session, the father took the child by force in his vehicle to his sister’s residence and subsequently ignored police directives to return her to her mother.
The mother initially petitioned the family court to command the father to bring the child back and restore custody. After the family court rejected her application, she appealed the decision to the High Court.
Judicial Findings On Fundamental Rights
Criticizing the father’s actions, Justice Sumalatha stated that adults and children enjoy equal human rights, observing that the father took the child abruptly as if she were an inanimate object. The court noted that a child’s entitlement to live with dignity, reside in a safe environment, receive an education of her choosing, and remain protected from abuse forms an essential component of the Right to Life guaranteed under Article 21 of the Constitution.
The judge further emphasized that as vulnerable members of society, children must be treated with empathy and sensitivity, adding that any attempt to obtain custody must be conducted lawfully and through proper consultation.
Background Of Custody Dispute
The litigation began after the mother filed for divorce in 2015, prompting the father to file for permanent custody of their daughter. On April 17, the family court issued an interim order permitting the father alternate-day communication, single-day monthly visitation, and bi-weekly overnight visits while both parents were based in Bengaluru.
The mother appealed that arrangement after moving to Pune for employment, explaining that the child had lived exclusively with her since June 2021 and was enrolled in a local school. Citing the 838-kilometer distance between the two cities, a coordinate bench of the High Court previously modified the order to grant the father once-a-month weekend visitation, allowing him to pick up the child after school in Pune and return her by Sunday evening.
