The Court issued this observation when dismissing a complaint that alleged a woman had abducted her child from her in-laws home.
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CHANDIGARH: The Punjab and Haryana High Court recently ruled that a parent cannot be held guilty of kidnapping their own child. The court quashed a complaint accusing a woman of kidnapping her child from her in-laws residence, stating that
“However, a mother falls well within the ambit of ‘lawful guardian,’ especially in absence of an order divesting her of the same passed by a competent Court, a parent cannot be held guilty of the offence of kidnapping as both the parents of the child are her equal natural guardians.”
The court emphasized that a mother falls within the ambit of a ‘lawful guardian’, especially in the absence of a court order divesting her of the same. This decision was made in the context of a case where the parents relationship had become strained, and the mother had filed a domestic violence complaint against her husband and in-laws.
The legislature acknowledges the vital and irreplaceable role of a mother in the upbringing of a young child through this provision, the Court opined.
“A mother’s love for her children is selfless and the lap of the mother is God’s own cradle for her children and therefore, children of tender years ought not to be deprived of said love and affection. Per contra it would be very difficult for the mother to forego the love and affection she has for her child and an attempt to be with the said child cannot be seen as an act fuelled by mens rea,”
–the Court further observed.
The court also considered the best interest of the child, particularly due to the child’s young age, and the provisions of the Hindu Minority and Guardianship Act. As a result, the court quashed the trial court’s summoning order and the complaint against the woman. The petitioner was represented by Advocate Kuldeep Sheoran.
This ruling has significant implications for parental rights and the interpretation of kidnapping laws in the region. It reinforces the equal guardianship of both parents and the recognition of a mother as a lawful guardian, particularly in the absence of a court order to the contrary. The decision also underscores the court’s consideration of the child’s best interest in such cases.
[Read Order]
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