Punjab & Haryana High Court Affirms Equal Natural Guardianship of Parents, Dismisses Kidnapping Charges Against Mother

In a landmark judgment, the Punjab and Haryana High Court has clarified that a parent cannot be charged with kidnapping their own child, as both parents are considered equal natural guardians under Indian law. This decision was rendered while quashing a complaint against a mother accused of kidnapping her three-year-old daughter from her in-laws' residence.

Justice Harpreet Singh Brar, presiding over the case, emphasized that for an act to constitute kidnapping under Section 361 of the Indian Penal Code (IPC), it must involve taking a minor from the custody of a lawful guardian. In this context, the mother falls within the ambit of a lawful guardian, especially in the absence of any court order revoking her guardianship rights. Therefore, the court concluded that a parent cannot be held guilty of kidnapping their own child, as both parents are equal natural guardians.

The case arose from a complex marital dispute where the mother had previously filed complaints against her husband and in-laws, leading to legal proceedings and temporary custody arrangements. Despite these disputes, the court recognized that the parental bond remains intact, and it is natural for a parent to seek the company of their child. The court further noted that, in the absence of any court order prohibiting such contact, a parent's attempt to be with their child cannot be construed as an act with criminal intent (mens rea).

Justice Brar also referred to Section 6 of the Hindu Minority and Guardianship Act, 1956, which stipulates that the custody of a minor child under the age of five should ordinarily be with the mother. This provision acknowledges the indispensable role of a mother in the upbringing of a young child. The court highlighted that a mother's love is selfless and that children of tender years should not be deprived of such affection.

In conclusion, the High Court quashed the complaint and summoning order against the mother, reinforcing the principle that both parents are equal natural guardians and that a parent's desire to be with their child, in the absence of any legal prohibition, does not constitute kidnapping. This judgment underscores the importance of considering the best interests of the child and the equal rights of both parents in custody matters.