HC asks man to return minor son’s custody to ex-wife
One-liner: The Delhi HC has directed a man, who took his nine-year-old son away from his mother on the pretext of spending some time with him, to return the custody of the child to his former wife as was mutually agreed at the time of their divorce.
Ensure compliance with court's order: In view of the apprehension expressed on behalf of the woman, the HC also directed the station house officer (SHO) of the police station concerned to ensure compliance with the court’s order.
Bench direction: "The minor son is restored into the care and custody of his biological mother, the petitioner herein," a bench said.
Legal and binding arrangement: The HC said there is no manner of doubt that at the time of obtaining a decree of divorce by mutual consent, the former couple, both lawyers, had entered into a legal and binding arrangement in relation to the custody and visitation of their minor son.
In good faith: The woman, in her petition, said on March 18, she along with her son had gone to his school for a parent-teacher meeting where the man was also present. The man said he was desirous of spending the day with their son and the petitioner acceded to his request in good faith. However, later the man refused to give back the son to the woman.
Unfit to look after: The man’s submission before the court was that the woman was unfit to look after the well-being of the child and so he was constrained to take the minor’s custody.
Settlement agreement: The HC noted the woman undertook to comply with her obligations in accordance with the terms and conditions of the settlement agreement arrived at between the parties.