Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
5. In a case of identical nature, a Division Bench of this Court in Shaiju S and others v. Child Welfare Committee and others [2021 (6) KHC 573] has held as under:
“11. We must at the outset note that the Committee committed grave error in ordering custody to the mother when the matter is pending before the Family Court. The Committee ought to have restrained from entertaining a dispute which is a subject matter of lis between the parties. We must also note that wrangling between the spouses in regard to custody will not confer any power on the Committee to interfere in such matters and give custody to one of them. Going by various provisions, including Section 2(14)(v) of the Act, the Committee's role would arise only when none of the parents is in a position to take care or protect the child or children. The Committee can step into at a stage to protect a child when parents are not in a position to protect the child. The role of the Committee commences from the stage where both parents are not in a position to take care and protect the child. The parens patriae principle to intervene is to protect the child and act as a parent of the child when parents fail to take care and protect the child. So also is the matter of dispute between spouses. The Committee would be justified in interfering with the custody of child with one of the parent, if that parent is incapacitated or failed completely to take care of the child.
12. The Committee cannot voluntarily interfere with the custody of the children except on a circumstance where it forms an opinion that the child requires care and protection. Merely because the children are isolated from the mother by the father, Committee cannot interfere with the legal custody of the children by the father”.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) NO. 35830 OF 2024
SHITHU KS Vs CHAIRPERSON, CHILD WELFARE COMMITTEE,PRESENT
MR.JUSTICE C.S.DIAS
Dated this the 12th day of December, 2024
Citation: 2024:KER:94086.
