Bombay High Court Grants Custody In Favor Of Father; 11-Yr-Old Runs Back To Court After Assaulting Him
While the 11-year-old boy was being taken by his biological father, he shouted, assaulted the father outside the court premises, and ran back to the court.
The Bombay High Court premises on Tuesday witnessed the cries of an 11-year-old who refused to go with his biological father after the high court had passed an order directing the maternal grandfather and the maternal uncle of the 11-year-old to hand over the custody to the biological father.
The court was informed by the advocate for the maternal grandfather and uncle that the custody of the child was handed over to the father but the 11-year-old resisted going with his father, assaulted him, and ran back to the court premises.
The biological father had filed a contempt petition before the Bombay High Court after the high court in February 2022 had passed an order directing him to hand over the custody. The order of the high court was upheld by the Supreme Court in February 2022.
The biological father alleged that the maternal grandfather and uncle had refused to give child's custody and used to torture the kid after his mother passed away in 2019 due to cancer.
At 2:45 pm on Tuesday, the division bench of Justice AS Gadkari and Justice PD Naik passed an order in the favour of the biological father. However, the father was not able to take custody which resulted in a scuffle between the grandfather and the father on the court premises.
The bench again heard the matter after the advocate mentioned it before the division bench. The bench, however, refused to see the videos of the child which were taken by people on the high court premises.
When the lawyer said that he had merely advised the client, the court said,
"We are observing your demeanor for the last few hearings. That is why we are warning you. You are overreaching.”
The high court then directed the maternal grandfather and uncle to hand over the custody to the father at 7 PM at the Kasturba Marg Police Station in the presence of a lady officer.
When the counsel for the father requested the court to direct the handover of custody at the police station near the father's house, the court said,
"Not everything will happen according to your wish. He could take the order as is, or leave it."