Mother is a ‘lawful guardian’, can’t be accused of kidnapping kid, says court
[ad_1] CHANDIGARH: Punjab and Haryana HC ruled Wednesday that a parent cannot be charged with kidnapping her own child, granting custody of a 12-year-old boy to his Australia-based mother amid a family dispute.Justice Harpreet Singh Brar made the ruling while hearing a habeas corpus plea filed by Raja Rekhi of Gurgaon, the child's paternal uncle. Rekhi sought the boy's release from what he called the illegal custody of the mother, who had taken the child while his father was away on a business trip to Belgium."For an act to amount to kidnapping, it is necessary that the minor is taken from the custody of a 'lawful guardian'. However, a mother falls well within that ambit, especially in the absence of an order passed by a competent court, divesting her of the same," the court said.The boy's father Amit Rekhi was […]