The Karnataka High Court has found that the Child Welfare Committee can not usurp the jurisdiction of Family Courts in infant custody topics pending earlier than it. The mom initiated court cases beneath the Guardians and Wards Act earlier than the Family Court. During the pendency of court cases, the daddy made a grievance to the Child Welfare Committee wherein it was allegedly said that the child is terrified of the mother and he feels safe with him.
The committee, in its complaints observed that, although it does now not have jurisdiction to determine custody remember, yet when the child seeks care and protection below the Juvenile Justice (Care and Protection of Children) Act, 2015, with a complaint in writing, it is forced to pay attention the child and provide appropriate temporary comfort as a precautionary degree within the hobby of the kid. After listening to both the dad and mom, and considering the statement made by the child, it gave custody of the child to the father.
In the writ petition filed with the aid of the mom tough the committee’s order, Justice Alok Aradhe, regarding statutory provisions, found that the powers of the committee to area the child with a match individual, needs to be exercised via the Committee in recognize of the proceeding initiated below the Act. The court docket added that the Committee can not be authorised usurp the jurisdiction of the ready Court exercising powers below the provisions of the Guardians Act. It said:
The court docket then set aside the committee’s order and directed the Family Court to determine the difficulty of custody of the minor infant.