Bombay HC Urges Parents to Keep Child Out of Matrimonial Disputes, Calls Forcible Taking of Minor "Unconscionable"

On Wednesday, the Bombay High Court condemned a man for forcibly taking his minor daughter from the custody of his estranged wife, calling his actions "unconscionable."

The court urged the couple to leave their child out of their ongoing marital disputes.

The vacation bench, consisting of Justices Kamal Khata and Arif Doctor, was hearing a habeas corpus petition filed by the woman.

She claimed her husband had taken their five-year-old daughter without her consent and was refusing to return her.

Following the court’s directive from Tuesday, the man appeared before the bench on Wednesday, accompanied by the child.

Although he denied using any force, the bench dismissed his claim, reprimanding him for his actions.

“This is unconscionable. Just think about the trauma inflicted on the child. In the middle of the night, the father snatched the child away from her aunt or mother, and yet he claims there was no force,” the bench observed.

Court directed the man to immediately return the child to the mother in the courtroom, while granting him visitation rights every Saturday.

Emphasising that children should not be used as pawns in parental disputes, the bench sternly advised both parents; “Keep your child out of the conflict between you two.”

The court’s remarks reflected its concern for the emotional welfare of the child, who found herself caught in the emotional turmoil of her parents' personal and legal battles.