‘Best interest of child’ no excuse to unilaterally take custody: Karnataka High Court

The Karnataka High Court has ruled that an estranged spouse cannot unilaterally take custody of a child for their own benefit under the "best interest of the child" doctrine. Justice Dr. Chillakur Sumalatha dismissed a family court order that directed the husband to assist his estranged wife in transferring their elder daughter to a new school without a court order.

This decision comes after the husband challenged the family court's order, arguing that they had secured their daughter's admission to a Kendriya Vidyalaya in 2021 after considerable effort.

In July of the previous year, the wife had forcibly taken custody of their daughter from her school without obtaining a court order before admitting her to another school in Bengaluru's Banashankari area. The wife claimed that their daughter had expressed a desire to live with her, arguing that the child's education should not be disrupted.

However, the High Court clarified that the primary duty of courts is to recognize and pass orders for the child's welfare, but this does not permit litigants to commit unlawful self-help measures. The court emphasized that the wife was wholly at fault for her actions and directed her to take all necessary steps to ensure the child continues her education at her previous school, setting aside the family court order.