The Allahabad High Court held that a father, being a natural guardian, cannot be accused of illegal detention even if he forcibly takes custody of his child. The Court clarified that such an act becomes unlawful only if it violates a valid court order or legal prohibition.
The Punjab and Haryana High Court ruled that a parent cannot be accused of kidnapping their own child, stating both parents are equal guardians unless a court order says otherwise. The case involved a mother who took her son from his father while he was abroad, prompted by the child’s distress. The court prioritized the child’s welfare in custody discussions.