Lucknow, Jun 17 (PTI) The Lucknow bench of the Allahabad High Court on Tuesday directed the Maharashtra director general of police (DGP) to initiate proceedings under the Bharatiya Nagarik Suraksha Sanhita (BNSS) for declaring a father absconder for not producing his over two-year-old child before the court in a habeas corpus plea moved by the kid's mother.
The bench also directed attachment of the man's property in the case and directed the Pune chief judicial magistrate (CJM) to make necessary compliance of its order.
The man, who hails from Ayodhya in Uttar Pradesh, currently resides in Pune, Maharashtra.
The bench asked its senior registrar to communicate its order to the Maharashtra DGP and the Pune CJM. It has fixed August 1 as the next date of hearing in the case.
A vacation bench comprising Justice Rajeev Singh passed the order on the habeas corpus petition filed last year by the mother on behalf of her child. The mother has urged that the child is an infant and only she can take care of him but his father has illegally taken away him from her lawful custody.
The mother has said she is even not allowed to meet her child. She has demanded the custody of her child, according to the order.
Irked at the conduct of the father, the bench issued directions to the Maharashtra DGP and the Pune CJM.
The bench said, "Director General of Police, Maharashtra is directed to initiate the proceedings under Section 82 and 83 CrPC/84 and 85 BNSS against the respondent no.4 (father) and ensure his presence before this Court on the next date."
Hearing the matter on previous occasions, the bench had issued notice to the father who on some dates appeared before it but later avoided the court.
It noted that despite clear order, the father has not been producing the child before the court which had on previous dates issued many directions for his production in the court but to no avail.
On the previous date, the bench had issued a non-bailable warrant (NBW) against the father, who is currently settled in Pune. It directed the Pune CJM to execute the NBW but a report of the Pune police placed in the court said the father was missing.
A missing report in this regard was lodged with Pune police by his mother as the NBW could not be executed.
A case relating to the dispute between the couple was also filed in the Supreme Court which sent the matter for mediation. It also failed because the father did not appear in the mediation proceedings.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)













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