Child custody case: HC asks woman to produce child in court
(Hindustan Times, Mumbai Edition dated 30-10-2010, page no. 03)
A woman, who had taken her five-year-old son to Dubai without her husband's knowledge, will have to produce the boy in the high court on November 22.
The couple has been separated since June 2009 and since then the child has been staying with the mother in the city.
The Bombay High Court was hearing a habeas corpus petition filed by 37-year-old Sandeep alleging that his wife had taken their child to a foreign country using illegally obtained “duplicate passport“ for the child. The court asked Pooja Kedia to produce the child in court to ensure the child is in safe and secure hands. “To ensure the child's well-being is the paramount concern of the court,” said the division bench of Justice B H Marlapalle and Justice U D Salvi.
On Friday, Sandeep's counsel Shirish Gupte told the court that though the mother is the best guardian when it comes to matters regarding custody, the father too have right to access the child, which cannot be ignored. Senior counsel Ashok Mundargi, representing the woman, confirmed that both the mother and the child were in Dubai and the child has been admitted to an international school there. The court has asked all the respondents including the wife and regional passport officer, to file their replies by November 16. The matter will come up for hearing on November 19.
ANOTHER INSTANCE OF "EXCESS" HIGH-HANDEDNESS.
WIFE ATTEMPTING TO PERMANENTLY SEPERATE CHILD FROM FATHER.
FIVE YEAR OLD CHILD WILL EXPERIENCE COURT PROCEEDINGS, DUE TO WIFE'S HIGH-HANDEDNESS.