The Bombay High Court on Wednesday directed a father who is alleged to have abducted his four-year-old daughter from his estranged wife’s house to hand over the child to the biological mother “in the precincts of the Court immediately.”
The bench of Justices Ajay Gadkari and Shyam Chandak also directed the Commissioner of Police of Mira-Bhayandar and Vasai-Virar Police Commissionerate to provide round the clock police protection to the woman at the cost of the state.
The bench was hearing a habeas corpus petition filed by the mother through advocate Ajit Kenjale, which stated that the couple had been married for a while with two minor children.
However, the husband had married another woman and was allegedly excessively abusive towards his first wife and their children.
The man’s first wife had first registered an FIR against the husband in 2021 and, subsequently due to the alleged torture, had registered many more FIRs and even filed for dissolution of marriage in the family court.
The bench said, “Taking into consideration the allegations and crimes registered against the father in their present family disputes, we expect from the Police Authority that, hereinafter, no threat to the life or limb or physical assault to the Petitioner shall take place and the Police Authority is bound to protect the Petitioner in that behalf.”
The woman’s plea claimed that the children were forcibly taken away from her earlier as well and when she had managed to see them, the children had burn injuries, and they alleged that they were being harassed by their father and their ‘new mother’. She had attached pictures of the injuries that the child had suffered in 2023.
The plea claimed that in spite of the woman making representations to the police for security, on multiple occasions, her estranged husband had abducted the children and, after the family court’s order, she got back her children. However, no security was provided to the mother.
The biological mother along with the children moved to different locations, but the threats of abductions never ceased. The woman alleged that on several occasions she had approached the police for help, but the police told her that the dispute was civil in nature, and they couldn’t do anything.
The woman alleged that the latest abduction took place on March 5, when the father entered the building where she lived with 10 other men and abducted their four-year-old daughter. The woman presented CCTV footage of the incident to the court as well.
While the woman had prayed that the father of the children be directed to hand over the custody of the child, she had also sought that the court direct the police to book the accused and arrest them.
The bench will hear the mother’s plea again on March 28.
Source Agencies
