HC fines father for defying its order, gives child custody to mother

Bengaluru: Karnataka High Court has slapped Rs 25,000 fine on a man for not honouring its order regarding the custody of his child. The court also ensured handing over the custody of the child to the mother.

The husband had violated the mutual agreement in the court that the child would live in custody of the mother and the father for 15 days each in a month. The father dishonoured the agreement submitted to the court and ducked the warrant issued against him. He did not attend the court proceedings also. The bench headed by the Chief Justice P.B. Varale and Justice Ashok. S. Kinagi gave the order recently (January 17), after looking into the contempt of court petition submitted by the court. The father of the child despite being an advocate had violated the court orders. The bench had taken serious note of the matter.

Naveen, an advocate from Chennai was married to Nethra from Mysuru and the couple had been blessed with a son. On April 27, 2022, the wife had submitted a habeas corpus petition before the court and claimed that her minor son had been kept in captivity.

Advocate Naveen came before the court on May 25, 2022 and submitted that he had not kept his son in captivity. He agreed to leave the kid in the custody of the mother for 15 days every month. He had given a joint memo and assured the court that he wouldn't violate the court order. The court earlier had closed the case following this. However, Nethra submitted a petition before the court again and complained that her son had not been given to her custody. The court had issued a notice to father Naveen on July 13. When he did not bother to answer the notice, the court had directed Tamil Nadu DGP to reserve the notice on September 1.

In spite of this, Naveen remained absent to the court proceedings on September 10. The court had issued a bailable warrant against him. But, Naveen did not answer the notice. The court had then ordered that if he did not attend the court, it would issue a non-bailable warrant against him.

Meanwhile, advocate Naveen approached the Supreme Court in this regard and claimed that he was forced to sign a joint memo regarding his child custody. The Apex Court had quashed his petition and asked him to appear before the Karnataka High Court.

Finally, he appeared before the court and claimed that due to the ill health of the kid he did not send him to the mother. He tendered an apology for not following the court order and assured the court that he would honour the commitment regarding child custody.

The court did not accept his explanation and apologies. It directed him to appear before the court with his son, hand over him to his mother's custody and also to pay the fine of Rs 25,000.

The father appeared before the court on January 17, handed over the custody of the child to the mother and paid up the fine amount. After recording the development, the court closed the contempt of court case.