Introduction:
The case of Dr. Aurif Bin Thaj vs. Dr. Besse Ann George revolves around the custody of their eight-year-old child, born during their marriage. Both parties are dental surgeons working in Qatar. The petitioner alleges that the respondent, without his knowledge or consent, took the child from school and flew to India. Despite repeated inquiries, the petitioner has been unable to ascertain the child’s whereabouts, leading him to file a writ petition.
Background:
Dr. Thaj, the petitioner, asserts that Dr. George, the respondent, took their child to India without his permission. The respondent’s mother has filed an original petition in the family court, Pala, seeking an injunction against Dr. Thaj from forcefully taking custody of the child during the pendency of the case. The family court has scheduled a hearing for October 26, 2019.
Key Arguments:
The dispute centers on the custody of the child between the parents. The respondent obtained an injunction from the family court, restraining the petitioner from taking custody of the child. Both parties have legal representation presenting their respective cases.
Court’s Observations:
The court acknowledges the jurisdiction of the family court to determine custody matters concerning minors, emphasizing the importance of considering the child’s welfare. As the respondent has already sought relief from the family court, the High Court sees no need for intervention under Article 226 of the Constitution of India.
Court’s Decision:
The High Court directs the respondent to produce the child before the family court, Pala, on October 23, 2019, at 10:30 a.m. The family court is instructed to expedite the proceedings and issue an interim order regarding the child’s custody. The petitioner is also required to appear before the family court on the specified date.
Conclusion:
Given the family court’s jurisdiction and the respondent’s legal actions, the High Court dismisses the writ petition. It underscores the necessity of resolving custody disputes through appropriate legal channels, ensuring the welfare of the child. The High Court’s decision aims to facilitate a swift resolution in the family court while upholding due process.