HC directs employer to hold back pay, benefits of woman

Bengaluru, NT Bureau: In a unique order, the High Court of Karnataka directed the police to contact the employer of a woman to hold back employment benefits till she handed over the custody of her minor daughter to her husband. The order came after the High Court found that the woman had disobeyed the earlier High Court and Supreme Court orders to hand over the custody of the child.

The HC also directed that a suo motu criminal and civil contempt proceedings against her be given effect to. Allowing the habeas corpus petition filed by the husband, the HC also directed the police to hand over the custody of the child to him within 24 hours.

“The Commissioner of Police, Bangalore shall ensure that the concerned Station House Officer hands over the custody of the daughter to the petitioner within 24 hours from the date of receipt of a copy of this order,” the division bench of Justice Alok Aradhe and Justice Anant Ramanath Hegde said.

The husband, 45, a resident of JP Nagar, Bengaluru, approached the HC with the habeas corpus petition. He had married in 2011 and a daughter was born to the couple. The child is now eight years old.

He had filed a petition under the Guardians and Wards Act seeking to be appointed as the guardian of the child which was allowed by the Family Court in March 2022. The Family Court had directed the wife to hand over the child to the husband within one month.

The wife challenged this in the HC. The HC in January 2023 directed her to hand over the custody of the child to the husband after the academic year. The wife approached the Supreme Court against this order.

The SC dismissed her petition in March 2023. When the wife did not hand over the child’s custody even after the Supreme Court order, the husband approached the HC with the habeas corpus petition. The HC had issued a nonbailable warrant against her.

She challenged it in the Supreme Court which dismissed her petition in May 2023. The wife finally appeared before the High Court on June 7, 2023 along with the minor daughter. The HC said that the wife had abused the process of law.

“The aforesaid conduct of the wife amounts to abuse of process of law and cannot be countenanced. In the circumstances, the wife cannot be permitted to continue with the custody of the daughter as the same is in contravention of judgments of the court, which have attained finality and are binding on the parties.