Mother can't be accused of kidnapping child, rules court

In a keenly-watched case, the Punjab and Haryana High Court has ruled that a parent cannot be accused of kidnapping her own child, awarding custody of a 12-year-old boy to his mother, who resides in Australia, amidst a family conflict, The Times of India reported on May 1. Justice Harpreet Singh Brar pronounced the verdict while hearing a habeas corpus petition submitted by Raja Rekhi, the child's paternal uncle from Gurgaon.

Rekhi had sought the child's return, claiming that the mother was unlawfully holding him after taking him while his father was away on a business trip to Belgium, ToI's report (by Ajay Sura) said.

The court clarified that for an act to qualify as kidnapping, it must involve a minor being taken from a "lawful guardian." The ruling emphasised that a mother is considered a lawful guardian unless a competent court has formally revoked her rights.


The father, Amit Rekhi, was overseas on April 24 when the mother reportedly "entered his office without permission, seized the child’s passport, and left with him". The uncle's petition claimed that she misled the authorities by stating she was only taking the boy for a short visit to her parents in Delhi — a statement he contested, asserting that her mother does not reside there.

Furthermore, he accused her of planning to relocate the child to Australia, where she currently lives.

In her defence, the mother informed the court that she returned to India because the boy had been left under the supervision of household staff and had requested her to be present. She submitted records of phone calls and text messages exchanged with the child, arguing that as his mother and natural guardian, she maintains her custody rights until the guardianship matter is settled by the family court in Gurgaon.

The High Court said that it would be wise and fair to consider the child’s preferences and well-being, given that he is 12 years old and capable of making informed decisions regarding his living arrangements, thus supporting the mother's position.