Parent Cannot Be Accused of Kidnapping Own Child: Punjab & Haryana HC

The Punjab & Haryana High Court ruled that a parent cannot be accused of kidnapping their own child, affirming that both mother and father are equal natural guardians under Indian law.

The case arose from a habeas corpus plea filed by a maternal uncle, alleging the mother had illegally taken custody of her 12-year-old son after the father’s death

The court clarified that a mother remains a lawful guardian unless custody is revoked by a competent court.

The Court dismissed the plea, noting the child’s willingness to stay with his mother and the pendency of custody proceedings before the Family Court.