‘Mother’s custody of minor not offence’

Holding that the custody of a minor by his mother cannot constitute an offence, a city court has dismissed the plea of an estranged man, saying even after divorce the mother continues to exercise equal rights on the child, reports Sumit Saxena.
HT Image
HT Image
Updated on Feb 23, 2009 12:18 AM IST
Copy Link
Hindustan Times | BySumit Saxena, New Delhi

Holding that the custody of a minor by his mother cannot constitute an offence, a city court has dismissed the plea of an estranged man, saying even after divorce the mother continues to exercise equal rights on the child.

“The custody of a minor child by his mother, by any stretch of imagination, even if it is forcible detention, would not constitute any offence,” an additional chief metropolitan Magistrate said.

Mohammed, from east Delhi, had approached the court for his minor son’s custody contending that after divorce his wife Abida (name changed) was not allowing him to visit the boy or live with him. Moreover, she did not even allow the child to go to school, he alleged.

The husband’s counsel argued that under Islamic law, the mother ceased to exercise all her rights and authority in respect of her children after divorce.

“The applicant (husband) himself present in court has denied the existence of any such proposition under Islamic law and has conceded to the fact that even after divorce, the mother continues to exercise equal rights and authority over her children,” the judge said.

Mohammed said his son’s whereabouts were not known since January 8, and wanted the court to issue a search warrant to locate the child at Abida’s residence and set him free from her, but the court dismissed his plea.

Close Story

Less time to read?

Try Quickreads

  • Author Triloknath Gupta with his book Triloknath’s Odyssey of Self-Realisation: Witness to a Wild Goose Chase. (PHOTO: KESHAV SINGH/HT)

    The 4th odyssey: Triloknath’s wild goose chase in pursuit of happiness

    Just like Homer's Odyssey focuses on its hero Odysseus' homecoming, Chandigarh Sahitya Akademi Award winner Triloknath Gupta's odyssey of self-realisation in its fourth instalment takes the protagonist on a wild goose chase in pursuit of happiness, for him to eventually find it at home – within himself.

  • A passer-by took the injured man to the hospital but he was declared dead on arrival. (iStock/Represenative image)

    Thane: Biker killed after being hit by an unidentified vehicle

    In a tragic incident, a 45-year-old biker died after being hit by an unidentified vehicle in Thane's Ghodbunder road on Monday morning. The deceased, Kamlesh Premnath Vishwakarma, who works at Life Insurance Corporation of India office in Fort, Mumbai, stays with his family at Manpada, Thane. The incident took place when he was on his way to work at 6.25am on Monday near Rai Master Compound in Ghodbunder Road.

  • On June 14, a Delhi court had granted Punjab Police the transit remand of gangster Lawrence Bishnoi to take him to Mansa in the singer Sidhu Moose Wala killing case. (HT file photo)

    Moose Wala murder: Gangster Lawrence Bishnoi’s father says lawyers in Punjab boycotting his son

    Jailed gangster Lawrence Bishnoi's father on Monday moved the Supreme Court challenging various orders, including the transit remand order of a Delhi court, in the murder case of singer Sidhu Moose Wala and also complained that lawyers in Punjab have boycotted Bishnoi, who is suspected to be involved in Moosewala's killing and are not willing to represent him.

  • Delhi minister Satyendar Jain has been accused of money laundering through Kolkata-based shell companies.

    Delhi health minister Satyendar Jain to stay in jail for two more weeks

    Delhi minister Satyendar Jain's judicial custody was extended on Monday by two more weeks by a special court. Jain was arrested by the Enforcement Directorate in a money laundering case on May 30 under criminal sections of the Prevention of Money Laundering Act (PMLA). He was admitted to a city hospital last week after his oxygen level dipped.

  • Many are shopping at Delhi’s budget markets like Sarojini Nagar and Lajpat Nagar, for upcoming trips. (Photo: Raj K Raj /HT)

    Prepping for vacay: Shoppers head to Delhi’s affordable markets

    Every other person in Delhi-NCR is either on a summer vacation or dreaming about one while they deal with the heat. And they sure love vacation shopping from good ol' budget markets such as Sarojini Nagar and Lajpat Nagar. From coord sets to summery dresses, here's what the vacay planners are buying! Sellers inform us that dresses and balloon tops are popular among youngsters.

Story Saved
Saved Articles
My Reads
Sign out
New Delhi 0C
Monday, June 27, 2022