The Karnataka High Court on Wednesday, directed the police to reach out to the employer of a woman and ensure that her pay and benefits are withheld until she acts upon the judicial order to transfer custody of her daughter to her husband.
A bench of Justice Alok Aradhe and Anant Ramnath Hegde noted that a coordinate bench of the Court had issued many instructions to secure the child’s presence and also directed for initiating of civil and criminal contempt proceeding against the woman.
Not complying with the direction led to an abuse of the law process, said the Court.
While hearing a habeas corpus plea filed by the father of the minor child (daughter), the Court gave the direction. The father of the child was aggrieved by the non-execution of a family court order of March 2022 which directed the mother to hand over the minor to the father under Section 25 of the Guardians and Wards Act.
The woman argued that the child was not in any kind of illegal custody. She also explained that she had separated from the father of the child when she was 3 years old. And, now after 5 years, the petitioner was asking for custody.
She insisted that the sole reason behind initiating the proceedings was to harass her and her father. She also told the court that the petitioner has failed to give him the required maintenance amount to her.
She informed the Court that for execution on the family court judgment, proceedings had already been started. Thus, she also contended that the Court’s interference was not warranted.
As a result, the Court directed the Commissioner of Police to ensure that the custody of the daughter should be handed over to the petitioner within 24 hours from the receipt order date, by the concerned Station House Officer (SHO).
The Court also directed the police to contact her employer to tell them to hold back all benefits payable to her until she complies with the order.
Senior Advocate S Sreevastava and Advocate Gowtham Raghunath represented the petitioner.
Special Public Prosecutor VS Hegde appeared for the State of Karnataka.
Senior Advocate MT Nanaiah and Advocate MC Kumaraswamy appeared for the respondent’s wife.
Source: https://www.barandbench.com/news/karnataka-high-court-employer-hold-back-pay-benefits-woman-until-she-hands-over-custody-child-husband
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