தந்தையுடன் தான் வாழ்வேன் , குழந்தையின் விருப்பம், உச்ச நீதி மன்றம் தலையீடு , தாஜா !!!
Runaway boy violates Supreme Court’s order
It’s a dare only a child is capable of – violating a Supreme Court order with impunity. And with a magnanimity that the highest court in the land would show only to a child, he was cajoled into falling in line.
The apex court was forced to play nanny after an unprecedented turn of events in a custody dispute of an estranged couple. The court had ruled that the child should be with the mother, but 11-year-old Abdul decided to follow his heart rather than the law.
He fled his mother’s home in a village in Uttar Pradesh and reached his father’s house in Delhi. He then refused to return to his mother, forcing a bemused Supreme Court to arbitrate. The SC called the child who was living with his paternal grandparents and step-mother while his father was at work abroad.
Earlier, it had stayed a family court order granting guardianship and custody to the father.
Unmindful of the sanctity of the order, the boy reportedly insisted on staying with his paternal grandparents during an interaction with Justice Aftab Alam and Justice C.K. Prasad on Wednesday.
The Justices had to do a fair bit of reassuring before the recalcitrant child finally agreed to go back to his mother and maternal grandparents. They promised the boy that the court would take up his custody case as soon as his father returned to India.
In an order dictated after a “long engagement” with the child, the judges recorded that he was unhappy with the way he was treated by his maternal grandfather.
“He said he was very happy living with his paternal grandmother, aunt and his step-mother and he did not want to go back to his biological mother or his maternal grandparents,” the court said.
“On being persuaded by us, however, he agreed to go back to his mother on the assurance that as soon as his father comes we will take up the matter of his custody and finally decide it in the presence of both his parents,” it added.
Abdul left his mother, who was living with her parents in Uttar Pradesh, about three weeks ago and managed to find his way to his father’s house in Delhi. His father is an English teacher in an embassy school. The family court, in July 2008, granted custody of Abdul and his two elder brothers to their father. The mother, who had the custody of the children, filed an appeal before the Allahabad High Court and subsequently before the Supreme Court after the high court refused to interfere with the order.
Noting that the welfare of the children was paramount, the high court had refused to interfere. The mother wanted to keep the children with her and send them to a school closer home, but their father insisted that they be sent to a boarding school in Delhi or elsewhere.
This prompted the mother to move the high court and subsequently the apex court, which stayed the trial court order in April 2010. The Supreme Court, however, allowed the father to visit his children.