Lawful Guardian Taking Child from Other Parent Not Kidnapping: Telangana High Court

The Telangana High Court stayed further proceedings in an FIR against a mother accused of kidnapping her child.

The petitioner, separated from her husband, had taken her younger daughter, citing concern for the child’s well-being. 

Her husband lodged a complaint, leading to a habeas corpus plea and subsequent return of the child.

The court relied on a 2023 Bombay High Court judgment holding that actions by lawful guardians do not constitute kidnapping under Section 137(2) BNS. A stay was granted until February 13, 2025, as no criminal intent was found.