Child Rights Commission cannot decide custody dispute, that’s court’s prerogative: U’khand HC

Dehradun: Uttarakhand high court (HC) on Monday set aside an order of the State Commission for Protection of Child Rights directing the SSP, Dehradun, to hand over the custody of a five-year-old boy to his mother, holding that custody matters must be decided by a court of law and not by the commission.A single bench of Justice Pankaj Purohit was hearing a petition filed by the child's father challenging the commission's order passed in favour of his wife. The couple were married in July 2019, and their son was born in Sept 2020.The two later became estranged, with the woman alleging domestic violence. They began living separately, with the mother residing in Dehradun and the father, a native of Muzaffarnagar, living in his hometown. In June 2023, the woman lodged an FIR alleging that her husband came to Dehradun and took the child away in her absence. The father, who owns a clothing store in Muzaffarnagar, subsequently enrolled the child in a school there. The mother then approached the commission seeking custody of her son.Counsel for the husband argued that the commission's order was beyond its jurisdiction, pointing out that proceedings under the Domestic Violence Act were already pending before a competent court. The counsel further submitted that if the respondent wished to seek custody of the minor, she was required to initiate appropriate proceedings before the family court under the provisions of the Guardians and Wards Act, 1890.Agreeing with the submissions, the high court observed that the commission lacked the authority to decide custody disputes and quashed the order passed by the Uttarakhand Commission for Protection of Child Rights. However, the court granted liberty to the respondent (mother) to seek appropriate remedy before the family court.