K’taka HC fines father for defying his order, gives mother custody of child
- The Karnataka High Court has fined a man Rs 25,000 for failing to comply with the court’s order regarding custody of his child. The court also secured the transfer of custody of the child to the mother.
Bangalore: The Karnataka High Court has fined a man Rs 25,000 for failing to comply with the court’s order regarding custody of his child. The court also secured the transfer of custody of the child to the mother.
The husband had violated the mutual agreement in court that the child would live in the care of the mother and father 15 days a month. The father flouted the agreement presented to the court and ducked the warrant issued against him. He also did not take part in the court proceedings.
The bank headed by Chief Justice PB Varale and Justice Ashok. S. Kinagi issued the order recently (January 17) after reviewing the court’s contempt petition. The child’s father, although a lawyer, had violated the court orders. The bank had taken the matter seriously.
Naveen, a lawyer from Chennai, was married to Nethra from Mysuru and the couple had an illegitimate son. On April 27, 2022, the wife had filed a habeas corpus petition in court, alleging that her minor son had been held in captivity.
Attorney Naveen appeared in court on May 25, 2022, alleging that he had not held his son in captivity. He agreed to leave the child in the mother’s care for 15 days each month. He submitted a joint memo and assured the court that he would not violate the court order.
The court had previously dropped the case.
However, Nethra again filed an application in court, complaining that her son had not been placed in her care. The court served a notice on Father Naveen on July 13. When he didn’t bother to reply to the notification, the Tamil Nadu court had ordered DGP to set aside the notification for September 1st.
Despite this, Naveen stayed away from the September 10 trial. The court had issued an arrest warrant for him. But Naveen didn’t respond to the notification. The court had then ordered that if he failed to appear in court it would issue a warrant for his arrest.
Meanwhile, attorney Naveen took the matter to the Supreme Court, claiming he was forced to sign a joint memo regarding custody of his child. The Apex Court had rejected his petition and asked him to appear before the Karnataka High Court.
Finally, he appeared in court and claimed that he did not send him to the mother because of the child’s poor health. He apologized for disobeying the court order and assured the court that he would honor his duty of custody of the child.
The court did not accept his explanation and apology. It ordered him to appear in court with his son, hand him over to his mother’s care and also pay the fine of Rs 25,000.
The father appeared in court on January 17, gave custody of the child to the mother and paid the fine. After starting the development, the court concluded the contempt of trial.