Budgam court declines mother’s plea for custody of minor son, allows weekly meetings with child

Srinagar: A court in Budgam has declined to hand over the custody of a minor boy to his mother, observing that the child was living with his paternal grandparents and was not being kept in illegal confinement.

The court, however, directed that the mother be allowed to meet her son every Saturday until the custody dispute was decided by the competent Guardians and Wards Court.

The court of Chief Judicial Magistrate (CJM), Abdul Bari, passed the order in a petition filed under Section 100 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by mother, seeking issuance of search warrants for the recovery of her minor son from the custody of the grandparents.

The court noted that it had earlier directed the SHO of the concerned police station to recover the child and produce him before the court. However, when the matter was subsequently taken up, the parties themselves produced the child before the court.

After interacting with the child and allowing the mother sufficient time to meet him, the court observed that the child refused to accompany her. It further noted that the child was studying in Sopore and living with his grandparents, adding that the court found no material to indicate that the child’s stay with the respondents (mainly grandparents) amounted to unlawful confinement or constituted an offence under the limited scope of Section 100 BNSS.

In its order, the court directed the respondents to ensure the mother’s interaction with the child every Saturday. It also permitted mother to meet her children every Saturday after school hours on the school premises. The Principal of concerned school has been asked to ensure compliance with the directions. The respondents were represented by Adv S. A. Manan, Adv. Mustahsun Mattu and Adv Junaid Gaffar Bhat.

The court clarified that the arrangement would remain in force only until either party approaches the competent Guardians and Wards Court, which has the authority to decide the issue of custody of the minor children. (GNS)