Immediate Transfer of Child Custody: "Illegal Detention of Child Cannot Be Countenanced," Says Bench

In a recent judgement, the High Court of Karnataka has passed a judgment in a habeas corpus petition, ordering the immediate transfer of custody of a minor child. The bench, comprising of Justice Alok Aradhe and Justice Anant Ramanath Hegde, emphasized that the illegal detention of a child cannot be tolerated.

The petitioner, Dr. Rajeev Giri, had filed the writ petition seeking the custody of his minor daughter, Mayra Giri. Despite a previous order by the Family Court appointing the petitioner as the guardian and directing the respondent, Dr. Ekta Singh, to hand over custody, the wife continued to retain custody in violation of the court's judgments.

Citing the importance of the best interests of the child, the bench stated, "A writ of Habeas Corpus is maintainable in child custody matters where one parent is unlawfully detaining the child." They further emphasized the court's inherent equitable powers and its role as parens patriae for the protection of minor wards.

Highlighting the finality of the custody order and the wife's non-compliance, the court noted, "Despite the dismissal of the Special Leave Petition, the custody of the child has not been handed over to the petitioner who is legally entitled to the custody of the daughter. The wife's action amounts to abuse of the judicial process."

Consequently, the court issued directions to the Commissioner of Police, Bangalore, to ensure the immediate transfer of custody within 24 hours. Additionally, they instructed the police to contact the wife's employer, Manipal Health Enterprise Pvt. Ltd., and withhold benefits until custody is transferred. The court also ordered the initiation of suo motu criminal and civil contempt proceedings against the wife.

This judgment reinforces the court's commitment to protect the best interests of the child and uphold the sanctity of court orders in child custody matters. It sets a precedent for prompt action against those who unlawfully detain minors, emphasizing the importance of compliance with court judgments.

DATED THIS THE 7TH DAY OF JUNE 2023

RAJEEV GIRI  vs STATE OF KARNATAKA