By Niyati Dhiman

In a significant judgment, the Jharkhand High Court upheld a family court’s 2022 order granting custody of a minor boy to his father, highlighting the importance of respecting court orders unless modified or challenged by a higher court. The court emphasized that there was no evidence suggesting that the child’s welfare would be jeopardized in the father’s care.

The case arose from a writ petition filed by the father, seeking the recovery of his son after his wife had taken the child despite the family court’s custody order in his favor. The family court, in its 2022 decree, had awarded custody to the father. Justice Sanjay Kumar Dwivedi, presiding over the matter, noted that the mother had not challenged the family court’s order, and as such, it must be respected.

The court pointed out that the child’s welfare was not in peril under the father’s care, as there was no indication to the contrary. The father, employed at CMPDI and posted in Ranchi, had assured the court of his commitment to providing the child with good education, physical comfort, and moral and ethical guidance.

Additionally, the court took into account that the mother had been made an accused in an FIR under various IPC sections. Despite this, the court prioritized the child’s welfare and ordered her release on bail, provided she furnished a personal bond of Rs. 10,000. The court also allowed the mother visitation rights, permitting her to meet the child every Sunday from 10:30 AM to 1:30 PM until the petition is resolved.

The court directed that the Child Welfare Officer engage with the father and the child for their welfare and any required counseling, submitting a report to the court in a sealed cover before the next hearing on January 3, 2025.

Case Title: Ajay Ram vs The State of Jharkhand & Ors.

Citation: W.P. (Cr.) No. 330 of 2023, High Court Of Jharkhand, Ranchi

Click here to read/download the judgement