Karnataka High Court Child Custody Best Interest Court Order

An estranged spouse cannot take shelter under the norm of “best interest of the child” to unilaterally take custody of a minor from the other parent and transfer them to another school without a court order, the Karnataka High Court has held.

Justice Dr Chillakur Sumalatha cancelled a family court order directing a husband to cooperate in securing a transfer certificate for his elder daughter, whom the mother had abruptly taken into her custody and admitted to a new school without prior judicial approval.

“If things like this are permitted to be done, the parties to the proceedings in family courts will do in the way they like and thereafter, taking shelter of the norm ‘for the best interest of the child’, seek court to condone their acts,” Justice Sumalatha observed.

The husband had approached the High Court challenging the family court’s order. He argued that the couple had secured their daughter’s admission to Kendriya Vidyalaya in 2021 after significant effort. While her application for interim custody was pending before the family court, the wife forcibly took custody of the daughter from her school in July last year without waiting for an official court order.

She later admitted the minor to another school in Bengaluru’s Banashankari area without obtaining a transfer from the previous school, later filing a court application directing the husband to facilitate the transfer process.

The wife defended her actions, claiming the daughter had expressed a desire to live with her. While acknowledging that her actions were taken without a court order, she argued that the child’s education should not be disrupted and requested that the court prioritise the paramount welfare of the minor.

Addressing the argument, the High Court clarified that court duties regarding child welfare do not excuse litigants’ unlawful self-help measures.

“Undoubtedly, the prime duty of the courts of law is to recognise and pass orders towards the paramount welfare of the child. However, that does not mean that a party to the proceedings can do anything without an order of the court,” the bench noted, adding that validating a party’s wrongdoing cannot be held in accordance with the law.

The court emphasised that the wife was “wholly at fault” for taking custody and securing school admission without court authorisation. Setting aside the family court order, the High Court directed the wife to take all necessary steps to ensure the child continues her education at her previous school.