No Abduction in Mother's Act of Taking Her Children – Anticipatory Bail Granted: P&H HC

In a significant ruling, the Punjab and Haryana High Court, led by Hon'ble Mr. Justice Deepak Gupta, declared that a mother taking her children cannot be termed as abduction. The statement came during the pronouncement of anticipatory bail in favor of Preeti Bansal, who was embroiled in a complex custody battle involving allegations of child abduction and ransom demands.

The case, recorded under Neutral Citation No.2023:PHHC:141792, revolved around FIR No.64 dated 08.08.2023 under Section 384 IPC at the Police Station Punjab Agriculture University (PAU), District Ludhiana. The petitioner, Preeti Bansal, was accused of abducting her two children, Moulik and Khushi, from her ex-husband, Deepak Bansal, and his parents, and demanding a substantial amount of money for their return.

Justice Deepak Gupta, in his landmark judgment, observed, "Once it is so, the petitioner along with her husband became the lawful guardians of her children. Even if it be assumed that petitioner has taken away her children, it cannot be stated that she has abducted them." This observation formed the cornerstone of the court's decision to grant anticipatory bail to the petitioner.

The court delved into the intricate details of the petitioner’s marital history, the divorce proceedings, allegations of physical relations post-divorce, and the subsequent remarriage. The judgment highlighted that the allegations of demanding money in exchange for the children’s custody will be a matter of trial.

This ruling sets a precedent in cases involving complex family disputes, particularly emphasizing the rights and roles of parents in the guardianship of their children. The court's decision underscores the necessity of a nuanced approach in cases where familial relationships and custody issues intersect with legal proceedings.

The case saw Mr. Naveen Bawa advocating for the petitioner, while Mr. Randeep Singh Khaira, DAG, Punjab, and Mr. Vishal Aggarwal represented the respondent and the complainant, respectively.

The High Court's decision is seen as a pivotal moment in the legal landscape surrounding custody disputes, emphasizing the importance of context and the roles of parents in such sensitive matters.

Date of Decision: Pronounced on November 7, 2023

Preeti Bansal VS State of Punjab