Dramatic scenes in Bombay High Court after 11-year-old child refuses to go with father despite court order

The Bombay High Court premises witnessed dramatic scenes on Tuesday after a 11-year-old child refused to go with his father despite an order by the Court directing the maternal relative of the child to hand over the child's custody to the father..The child broke free from the father's grip and ran back into the High Court building when the father attempted to take the child with him. A scuffle also broke out between the maternal relatives and the father. Eventually, the Court sat again and castigated the lawyer appearing for the maternal relatives of the child.It then once again ordered the maternal relatives to hand over the custody of the child to the father at the Kasturba Marg police station.By way of background, the father had moved for the custody of the child after the mother passed away in 2019 through a habeas corpus petition in High Court.He got an order in his favour from the High Court in February 2022 which was upheld by the Supreme Court in September 2022. However, since the order was not complied with, the father moved the present contempt of court petition.The father claimed that the maternal grandfather and uncle were refusing to handover the custody of the child and tutoring the kid not to go with his father after his mother passed away three years ago due to cancer.Around 2.30 pm, a division bench of Justices AS Gadkari and PD Naik passed an order in the contempt petition directing smooth handover of the minor to the father in the High Court premises with the assistance of the police..After this order was passed, when the father tried to take the child home, the child publicly opposed, screaming and trying to wriggle away from the father’s hold.In the midst of a huge crowd which gathered just outside the high court premises, the father tried and failed to get the child into the car.A scuffle ensued between the grandparents and the father, the child broke free from his father’s hold and ran back into the High Court building.The parties then approached the bench again which immediately took up the matter on mentioning. .The lawyer for the grandfather and maternal uncle, advocate Imran Shaikh informed the Court about what had transpired. He offered to show the videos that people standing nearby had recorded, which the bench refused to see..The Bench pulled up Shaikh for “over reaching the orders of the court and ill advising his clients”. The lawyer meanwhile justified that he was merely advising his clients, and that the court was making very strong observations against him."We are observing your demeanour for the last few hearings. That is why we are warning. You are overreaching,” the bench said. They also warned the police personnel present in the Court of stern action in the event they failed to assist the Court for compliance of its order..The Court then ordered that the minor be handed over to the father by the maternal relatives at the Kasturba Marg police station by 7 pm. The father’s counsel Advocate Akash Vijay requested the court if the handover could take place at a police station closer to the father’s residence. “Not everything will happen according to your (the father’s) wish. He could take the order as is, or leave it!” the Court said..[Read order]