India News | 'Mockery of Justice': SC Faults Allahabad HC Decision in Custody Battle over Minor
Get latest articles and stories on India at LatestLY. The Supreme Court on Friday faulted the Allahabad High Court's decision in a matrimonial case, where a six-year-old's custody was handed over to the biological father in 2019, and termed it a "mockery of justice".
New Delhi, Dec 6 (PTI) The Supreme Court on Friday faulted the Allahabad High Court's decision in a matrimonial case, where a six-year-old's custody was handed over to the biological father in 2019, and termed it a "mockery of justice".
A bench of Justices Surya Kant and Ujjal Bhuyan, expressed its displeasure after perusing the case records, and remarked, "If we say anything harsh, then Bar members will say that we are demoralising our high courts. See, what mockery of justice the high court has done."
"The less we speak is better as it shows the state of the judicial system," Justice Surya Kant said, "this was the most unfair way of dealing with a habeas corpus petition".
The bench went on to add, "The mother was thrown out of her matrimonial home and the child was kept by her husband. When she filed a habeas corpus petition, the single judge of the high court rightly decided in her favour but the division bench on an appeal filed by father of the child stayed the order in 2019."
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It added that now after five years, the high court decided that its order of 2019 staying the single-judge order directing to give the custody of child to the mother was wrong.
The bench directed the district judge of Bulandshahr to verify by making an inquiry and report back to the apex court what would be in the best interest and welfare of the child.
The counsel appearing for the father said the mother wanted to go to the US for higher studies which apparently triggered a discord between them.
Justice Surya Kant noted mother's decision to pursue higher education in the US was for the child's better future and living, but she was thrown out of her matrimonial home instead.
The high court's division bench, while staying the single judge's order of October 2019, said since the child was in the custody of father, it cannot be said to be illegal and unauthorised custody and a habeas corpus petition was not maintainable.
It said the mother of the child had the remedy to initiate proceedings under the Guardians and Wards Act, 1890.
On November 5, the division bench said that the single judge's order asking the district judge to make an enquiry couldn't be faulted.
"The order was passed way back on October 1, 2019 and more than five years have passed since passing of the order, the child, who was about 6 years and 9 months at the time of the passing of the order, is now about 12 years of age, and therefore, the child himself would be in a position to depose pertaining to the status in which he is living with the petitioner and therefore, it is expected of the district judge, Bulandshahar to do the needful in terms of order dated October 1, 2019 with utmost expedition," it said.
(This is an unedited and auto-generated story from Syndicated News feed, LatestLY Staff may not have modified or edited the content body)