Ahmedabad: The Gujarat High Court was furious with a man who had snatched custody of his daughter from his wife in the family court here eight months ago after the court allowed him to speak to the daughter during a hearing. The bench, comprising Justice Umesh Trivedi and Justice CM Roy, returned the custody of the four-year-old child to the mother and rebuked the father, saying, “Is there any rule of law or not? You cannot take away custody of the child in this way.” The couple, who got married in 2016, faced marital disputes that led to the woman returning to her parents' house in Ahmedabad and filing a criminal complaint of cruelty against her Mumbai-based husband. She also sought maintenance in the city's family court. During a hearing on the maintenance plea on October 5, 2023, the court allowed the man to speak to his daughter. After spending about 30 minutes with her, he disappeared with the child. Eight months later, the woman filed a habeas corpus petition in the high court detailing the events. On June 20, the Supreme Court ordered the man to bring the child to court. When the child was brought to court on Monday, custody was returned to the mother. The court questioned the father's lawyer about his client's actions, which were deemed unlawful. In his defense, the lawyer claimed that the woman was living in adultery with a married man and was endangering the child's welfare. The judges stated that if the father had wanted custody, he should have filed a suit. They stressed that even a biological father cannot take custody without informing the parent who currently has custody. The Supreme Court granted the father 10 days to file a custody suit if he wanted to do so and scheduled further hearings for July 5.
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