“Judicial system taken for a ride”: SC on mother’s conduct while granting interim custody of minor son to father

New Delhi: The judicial system in India and the UK was "taken for a ride" by a woman for reasons best known to her, the Supreme Court has observed, while directing that the custody of her minor son be handed over to his father. Deprecating the woman's conduct, a bench of Justices J K Maheshwari and Vijay Bishnoi said the case reflected a deep-rooted conflict between the woman and her husband, arising from their divergent intentions regarding staying together and raising their children in India. It said this discord had not only strained their marital relationship but also adversely impacted their two children, one of whom is staying with the mother in the United Kingdom. The top court said the prolonged discord of ties between the couple, who got married in November 2010, led to a further dispute on visitation over their two children. "This is not merely a clash of egos, but prima facie, reflects a concerning mindset that may ultimately come at the cost of the welfare of the minor children," it observed.

The bench said the circumstances compel it to focus on how best the welfare and interests of the children can be safeguarded. Referring to the woman's conduct, the bench said while leaving her son in India, it was her primary duty to inform the father, which she did not discharge. It said it was also her duty to disclose to the high court of the UK, where the man had moved an application, that the boy was not with her there. "It is to be noted that, due to such conduct, the father was deprived of having virtual meetings with Master K (the boy) despite orders from the UK High Court and ultimately, he had to file the habeas corpus petition (before the Punjab and Haryana High Court) when the suspicion brewed," the bench pointed out. It said it appeared that the woman never intended her son to meet his father and to say the least, to honour the court orders. "The judicial system in India as well as the UK had been taken for a ride by the mother for reasons known best to her," it said. The man told the apex court that his wife left India for the UK in May 2021 with both the children, without informing him or taking his consent.

Later, he found out that his minor son was in India with his parents-in-law. He then approached the Punjab and Haryana High Court, raising the issue of alleged illegal custody of his children. In its verdict delivered on September 16, the apex court noted that the woman had obtained a divorce from a family court in London, while the man secured a divorce from a family court in Jind. "In essence, while both parties seek divorce, they refuse to accept the decrees granted by courts in different jurisdictions and continue to challenge them, which they are legally entitled to do. Attempts at mediation have failed," it noted. The bench said the high court was justified to grant the boy's interim custody to his father. It directed that the custody of the boy be handed over to the man by September 30. "After handing over the custody of Master K, the father or the mother, as the case may be, shall file appropriate proceedings under the provisions of the Guardians and Wards Act, 1890, before the competent court within a period of one month," it said. The bench directed that the mother or sibling of the boy shall have the right to audio or video access to him from 5 pm to 7 pm every Saturday. "On the mother's visit to India, she shall have further right of visitation on every Sunday from 1 pm to 5 pm at a place of mutual choice decided by the parties," it said. The bench further directed that the boy's maternal grandparents shall also have visitation rights from 1 pm to 5 pm every Sunday at a place of mutual choice decided by the parties. Passing a slew of directions, the bench said the father shall not take his son outside the jurisdiction of India without the leave of the jurisdictional high court. "The Juvenile Justice Board or the magistrate (juvenile justice) of the place where Master K would stay with his father in the future shall oversee and monitor the physical and psychological well-being of Master K through the Child Welfare Committee or any social welfare officer available within the district," it said.