Biological Father Can’t Be Charged With Kidnapping Own Child Without Legal Prohibition: Bombay HC

Mumbai: In a landmark ruling, the Nagpur bench of the Bombay High Court has held that a biological father cannot be charged with kidnapping his own child unless there is a legal prohibition in place.

The court’s decision was based on the definition of natural guardianship of a minor under the Hindu Minority and Guardianship Act, which designates the father as the natural guardian for a Hindu minor, followed by the mother.

The court emphasized that, in the absence of any court order prohibiting it, the father is considered a lawful guardian alongside the mother. Therefore, he cannot be accused of kidnapping when taking his own minor child from the mother’s custody.

The court’s ruling is significant because it provides clarity on the legal rights of biological fathers in cases of child custody disputes. It also sends a strong message that fathers should not be penalized for exercising their legitimate parental rights.