Punjab and Haryana High Court: 3 kids illegally removed from mother’s custody - ECAS Punjab

Punjab and Haryana High Court: 3 kids illegally removed from mother’s custody

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Chandigarh, November 22

In an out of the ordinary order, the Punjab and Haryana High Court has asserted that three minor children were being "pawned" due to an ugly matrimonial dispute between the parents and the they were "fraudulently and illegally removed" by the father on the pretext of getting them admitted in a boarding school.

The observations and the rap by Justice Manjari Nehru Kaul came on a Habeas Corpus petition filed by a mother through counsel Abhayjeet Singh. Appearing before the Bench, the father submitted that the petitioner-wife was well aware about the admission of the minor children and had even deposited 50 per cent fees as settled between them in a compromise deed, when they decided to part ways as a condition precedent to the petition filed under Section 13B of the Hindu Marriage Act. Hence, the petitioner was wrongly accusing him of fraudulently removing the children from her custody.

Justice Kaul, during the course of hearing, questioned the father on the Haridwar family court order dated May 4, 2019, whereby he had been given only visitation rights to meet his children twice a month. Justice Kaul observed it was admitted by him that the three minor children's custody was with the petitioner-wife at the time of passing of the order. He added the mala fides of respondent-husband were "very evident and writ large" as he removed the children from the lawful custody of the petitioner-wife on the pretext of getting them admitted to a boarding school at Ooty. — TNS



from The Tribune https://ift.tt/2HoXVgL

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