A parent cannot be held guilty of kidnapping his or her own child, held the Punjab and Haryana High Court recently while quashing a complaint accusing a woman of kidnapping her child from the residence of her in-laws.
The Bombay High Court recently held that a father cannot be held guilty of kidnapping for taking his minor child away from the mother unless there is an order of a competent court preventing him from.
The Andhra Pradesh High Court quashed an FIR filed in 2022 against a Muslim father for allegedly kidnapping his 8- and 10-years-old sons from the custody of their mother. The court said that under.
The Andhra Pradesh High Court recently observed that if a Muslim father takes away his minor children from mother's custody then that will not amount to kidnapping as he is the lawful guardian under Muslim law.