Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Custody with Father Not Illegal Confinement: High Court of Jammu & Kashmir Sets Aside Magistrate's Order for Minor Child's Production

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the High Court of Jammu & Kashmir and Ladakh at Srinagar, led by Hon'ble Mr. Justice Sanjay Dhar, has overturned a Judicial Magistrate 1st Class's order for a search-cum-production warrant of a minor child under Section 97 of the Criminal Procedure Code (Cr.P.C.) in a matrimonial dispute case (CRIMINAL MISCELLANEOUS (M) No. 240 of 2022).

The Court examined the challenge to the order issued by the lower court, focusing on the legal framework provided by Section 97 of Cr.P.C. This provision allows a Magistrate to issue search warrants in cases where a person's confinement amounts to an offense. The Court emphasized that for such a warrant to be issued, the confinement must constitute an offense.

The petitioner, Showkat Ahmad Mir, represented by Mr. Naveed Gul, Advocate, contested the search warrant issued for his minor son, who was in his custody. The respondent, Nighat Begum, represented by Mr. Rizwan-ul-Zaman, Advocate, alleged neglect and sought the child’s welfare under her care. The case revolved around the interpretation of 'wrongful confinement' in the context of custody of a minor child.

Justice Dhar, in his assessment, referred to the precedent "Shameem Ahmad vs. Ashiya Begum, 2016 (3) JKJ 128" and "Ramesh vs. Laxmi Bai, (1998) 9 SCC 266," stressing that the custody of a minor child with their father, in the absence of evidence of illegal confinement amounting to an offense, does not justify the issuance of a search warrant under Section 97 Cr.P.C. The Court underscored the paramount importance of the child’s welfare in custody matters but clarified that such issues are to be addressed under the Guardians and Wards Act for permanent custody determination.

The High Court held that the lower court's order was unsustainable in law, as the custody of the child by the father did not constitute illegal confinement amounting to an offense. The Court set aside the order for the child’s production, allowing the petition and emphasized that parties could approach the competent court under the Guardians and Wards Act for matters concerning permanent custody.

Date of Decision: February 12, 2024

Showkat Ahmad Mir vs. Nighat Begum

Latest Legal News