The Nagpur bench of the Bombay High Court has issued a ruling stating that a biological father cannot face charges of kidnapping his own child unless there is a legal prohibition in place. The court's decision led to the quashing of an FIR lodged against a 35-year-old man.
This ruling, delivered by a division bench consisting of Justices Vinay Joshi and Valmiki SA Menezes on October 6, emphasizes that in the absence of any court order prohibiting the father from acting as a guardian, he holds lawful guardianship alongside the mother. Therefore, he cannot be charged with kidnapping for taking his own minor child from the mother's custody.
The court's order made public on Thursday, clarifies the scope of the term 'Guardian,' which encompasses any individual responsible for the well-being of a minor. Consequently, unless there is a legal impediment, a father cannot be accused of kidnapping his own child. The court further points out that when a biological father takes custody of a child from the mother, it simply amounts to transferring the child from one natural guardian to another.
In light of these considerations, the bench has quashed the FIR that had been filed against the man. This FIR had originated from a complaint by his estranged wife, accusing him of kidnapping their three-year-old son on March 29, 2023. The court deems that pursuing such a prosecution would constitute an abuse of the court's process.
The man, in his plea to have the FIR dismissed, emphasized his role as the child's father and natural guardian, arguing against the kidnapping charges.
The court's decision invokes the definition of a natural guardian of a minor as outlined in the Hindu Minority and Guardianship Act. According to this law, for a Hindu minor, the natural guardian is initially the father, followed by the mother.
The court firmly establishes that the father is indeed the natural guardian of the minor in question. In this particular case, there was no legal order entrusting the care or custody of the child to the mother, underscoring the father's rightful role as a guardian.
