arbitration regarding minors custody.
Querist :
Anonymous
(Querist) 23 August 2012
This query is : Resolved
Sir,my question is whether artbitration can be done regarding custody of minor daughters. One of my friend sister died all of a sudden. My friends family filled FIR against their daughters inlaws. Later on it was decided that my friends family will withdraw the FIR and an artbitration will be done between my friends family and their sister inlaws whereby the custody of the minor daughters will be given to my friends family through artbitration. Their colony appointed an arbitrator and this arbitration was signed by both the parties. Now their sister inlaws are filling a case of kidnapping against my friend purely refusing the arbitration terms.my question whether arbitration can be done in this case and what can my friend do now. Please advice me.
Adv.R.P.Chugh
(Expert) 23 August 2012
No an arbitrator cannot decide the question of custody of the child, in the same manner as an arbitrator can't adjudicate on a divorce. Arbitration is allowed in contractual disputes not family disputes which have a great bearing on family institutions and relationships. Only the Court is entrusted with seeing where the welfare of a child lies.
Such arbitration award can be disregarded, however kidnapping case won't sustain and may be quashed.
