FIR not made out against father For Taking Away Son From Mother’s Custody
On Thursday, the Supreme Court invalidated a First Information Report that the Ghaziabad Police Station had filed against a father for secretly removing his son from his mother’s custody four years prior.The father file quashing petition to invalidate the FIR filed against him.
The child, who is currently 14 years old, lives with his two older siblings, who are at least 10 years his senior. This information was provided to the court (mother has passed away). The youngster told the High Court in an interview that he did not want to leave with his father and that he would be content in the then-existing setting when the appellant father first moved the Allahabad High Court four years ago, the Court was also made aware of this fact.
Apex court observed that three factors are frequently considered in custody disputes: “First, we need to consider the child’s perspective, or what is best for him. What kind of environment the child will be exposed to if custody is given to A rather than B is the second consideration. The child’s mental and physical comfort levels, as well as whether or not the child is a girl or boy, are the third aspect we consider. FIR Quashed.
