Taking a serious note of the conduct of police officers who took away custody of a minor girl from her parents and handed it over to her maternal grandfather, the Bombay High Court has summoned three policemen on Tuesday.
In July 2007, three officers, then working for the Nehru Nagar police station, had given the girl’s custody to her maternal grandfather despite objection from her step mother.
“This is absolute lawlessness. Tomorrow police can give anybody’s child’s custody to anybody,” remarked Justice P.B. Majmudar while issuing summons to policemen Salunkhe, U. Suryavanshi and T. Warke.
The girl’s maternal grandparents and her parents have been engaged in custody battle after the former allegedly took the child away from school in 2007.
Her parents have approached the high court seeking her custody, who will turn 18 this November.
Maternal grandfather claimed that the girl had called him in 2007, when she was 14 years, and requested him to take her away after learning that her mother, with whom she was staying, was not her biological mother.
On July 23, 2007, police allegedly called the child’s mother to the police station and asked her to hand over the child’s custody to the grandfather, argued M.P. Rao and Deepa Chavan, counsels for the parents.
“Under what provision has police taken away the girl’s custody from the parents. And also how did the CWC pass an order on grandfather’s favour. No law in the world would take away child’s custody from parents,” said Justice Majmudar.
“Even in foreign countries, if there is case of harassment by parents, fine is imposed. It’s only in exceptionally exceptional case where custody is taken away,” added Majumdar.
Advocate Pradeep Havnur will argue for the grandfather on Tuesday.