Bombay HC Slams Man For ‘Unconscionable’ Act Of Forcibly Taking Minor Daughter From Estranged Wife, Orders Immediate Return

Mumbai: The Bombay High Court on Wednesday strongly criticised a man for forcibly taking his minor daughter from the custody of his estranged wife, terming his act “unconscionable”. The court urged the warring couple to keep their child out of their matrimonial disputes.

A vacation bench of Justices Kamal Khata and Arif Doctor was hearing a habeas corpus petition filed by the woman, alleging that her estranged husband had taken their five-year-old daughter away without her consent and was refusing to return her.

In compliance with the court’s direction issued on Tuesday, the man appeared before the bench on Wednesday along with the child.

Although he denied using force, the bench refused to accept his claim and pulled him up for his conduct. “This is unconscionable. Imagine the trauma to the child. In the night, the father has snatched the child from her aunt or mother and gone, and he is saying there was no force,” remarked the court.

The judges directed the man to hand over the child to the mother immediately in the courtroom. However, they allowed the father to meet the child every Saturday. Reiterating that children must not be dragged into parental conflicts, the bench told the couple: “Keep your child out of the fight between you two.”

The court’s observations came as it sought to prioritise the emotional well-being of the minor caught in the crossfire of the estranged couple’s legal and personal battle.