In a groundbreaking ruling, the Karnataka High Court has taken a resolute stand on a custody battle, directing the employer of a woman to withhold her pay and benefits until she complies with a judicial order to hand over custody of her daughter to her husband. The decision, delivered by the esteemed bench of Justice Alok Aradhe and Anant Ramnath Hegde, comes after a series of directions were issued by the Court to secure the presence of the minor child.

In the case of Dr Rajeev Giri vs State of Karnataka and Ors., the Court highlighted that its coordinate bench had previously issued multiple directives to ensure the child's well-being and had even initiated civil and criminal contempt proceedings against the woman. Non-compliance with these orders was deemed an abuse of the judicial process, prompting the Court's decisive action.

The habeas corpus plea was filed by the father, who sought redress for the non-execution of a family court order issued in March 2022. The order, under Section 25 of the Guardians and Wards Act, had explicitly mandated the mother to surrender custody of the child to her husband. However, the woman argued that the child was not in illegal custody, citing her separation from the petitioner when their daughter was merely three years old. She accused the petitioner of initiating the proceedings merely to harass her and her father, further alleging a failure on his part to provide the required maintenance.

Nevertheless, the Court firmly held that the woman could not continue to retain custody of the child, as this contravened its final and binding judgments. Consequently, the Court directed the Commissioner of Police to ensure that the Station House Officer (SHO) in question transfers custody of the daughter to the petitioner within 24 hours of receiving the order.

Furthermore, the Court went a step further by instructing the police to liaise with the woman's employer, compelling them to withhold all benefits payable to her until she complies with the court order. This unprecedented move demonstrates the Court's unwavering commitment to upholding the rule of law and safeguarding the rights of all parties involved.

Representing the petitioner, Senior Advocate S Sreevatsa and advocate Gowtham Raghunath eloquently presented their client's case, while Special Public Prosecutor VS Hegde represented the State of Karnataka. On the other side, Senior Advocate MT Nanaiah and advocate MC Kumaraswamy appeared for the respondent-wife, striving to defend her position.

With this landmark ruling, the Karnataka High Court has set a compelling precedent in resolving custody disputes, emphasizing the importance of compliance with judicial orders. By making the custody rights of the child a priority, the Court has taken a significant step towards ensuring the child's well-being and maintaining the integrity of the legal system.