Telangana High Court Rules Biological Parents Acting as Guardians Cannot Be Accused of Kidnapping in Custody Disputes

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The Telangana High Court, led by Justice Juvvadi Sridevi, ruled that a biological parent cannot be charged with kidnapping for taking custody of their child from the other parent. The judgment emphasized lawful guardianship and the importance of addressing custody disputes in Family Courts. The court granted interim relief to the mother until February 13, 2025.

Telangana: The Telangana High Court has clarified that a biological parent acting as a lawful guardian cannot be accused of kidnapping for taking custody of their child from the other parent. The judgment, delivered on January 8, 2025, by Justice Juvvadi Sridevi, highlights the legal principle that such actions are part of lawful guardianship and do not constitute criminal offenses.

The case, CRLP No. 16187 of 2024, centered around a dispute involving allegations under Section 137(2) of the Bharatiya Nyaya Sanhitha, 2023. The controversy arose when the petitioner, the child’s biological mother and lawful guardian, took custody of her minor child from the father, leading the father to file a criminal complaint.

The FIR, registered as No. 1236 of 2024 at Panjagutta Police Station, Hyderabad, was stayed by the court, granting interim relief to the mother until February 13, 2025.

Represented by Advocate Sri Y. Soma Srinath Reddy, the petitioner argued that her actions were motivated by her child’s welfare and her maternal instincts. She maintained that as a natural guardian, her conduct was lawful and could not be treated as a criminal offense under the Bharatiya Nyaya Sanhitha.

The State, represented by Additional Public Prosecutor Sri Jithender Rao Veeramalla, opposed the petition, claiming that the mother’s actions violated the custody arrangement and warranted criminal proceedings.

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The case addressed significant legal questions:

1. Guardianship and Criminal Implications: Can a biological parent acting as a lawful guardian be criminally prosecuted for taking custody of their minor child?
2. Jurisdiction of Family Courts: Should custody disputes be addressed through Family Courts rather than criminal complaints?
3. Child Welfare: How does the law balance parental rights with the welfare and best interests of the child?

Justice Juvvadi Sridevi made pivotal observations:

1. Actions of Lawful Guardians: The court ruled that a biological parent and lawful guardian, such as the petitioner, cannot be accused of kidnapping for taking custody of their child. Moving a child between lawful guardians does not amount to a criminal offense.
2. Reference to Precedent: The court cited a Bombay High Court ruling (Criminal Application No. 552 of 2023), which held that actions by lawful guardians, whether the mother or father, do not qualify as criminal offenses in custody matters.
3. Custody Disputes in Family Courts: The court underscored that Family Courts are the proper forum for resolving custody disputes and emphasized the need to avoid criminalizing such matters.
4. Child Welfare as Paramount: The court reiterated that all decisions regarding custody and guardianship must prioritize the child’s welfare and best interests above all else.

Granting interim relief to the mother, the court stayed all proceedings in the FIR until February 13, 2025. Justice Sridevi stated that such disputes are outside the purview of criminal law and should be addressed in civil forums.

Read the Judgement here:

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