The observations were made in the matter involving the boy, whose Gurugram- based uncle filed a petition before the court accusing the child's mother of "illegally" taking away the child from his custody.
Amritsar:A parent cannot be implicated for kidnapping their own child as both the parents are equal natural guardians, the Punjab and Haryana High Court has held while dismissing a plea seeking release of a 12-year-old boy from the alleged illegal custody of his Australia-based mother.
A perusal of provisions of Section 361 of the IPC and Section 6 of the Hindu Minority and Guardianship Act, 1956 indicates that for an incident to be considered as kidnapping, it is necessary that the minor child is taken away from the custody of a 'lawful guardian'.
However, a mother falls well within its ambit, especially in absence of an order passed by a competent court, divesting her of the same.
"This court is of the view that a parent cannot be implicated for kidnapping their own child as both the parents are his equal natural guardians," the court held.
The observations were made in the matter involving the boy, whose Gurugram- based uncle filed a petition before the court accusing the child's mother of "illegally" taking away the child from his custody.
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