Child Welfare Committee Cannot Usurp Family Court's Jurisdiction In Pending Child Custody Matters: Karnataka HC [Read Judgment]

Ashok Kini

15 Feb 2019 10:24 AM IST

“In the fact situation of the case, even if the Committee was of the opinion that the child was in need of care and protection, it ought to have referred the matter for consideration before the Family Court where the issue with regard to the custody of the minor was pending consideration.”

The Karnataka High Court has observed that the Child Welfare Committee cannot usurp the jurisdiction of Family Courts in child custody matters pending before it. The mother initiated proceedings under the Guardians and Wards Act before the Family Court. During the pendency of proceedings, the father made a complaint to the Child Welfare Committee in which it was allegedly stated that...

Child Welfare Committee Cannot Usurp Family Court's Jurisdiction In Pending Child Custody Matters: Karnataka HC [Read Judgment]

Ashok Kini

“In the fact situation of the case, even if the Committee was of the opinion that the child was in need of care and protection, it ought to have referred the matter for consideration before the Family Court where the issue with regard to the custody of the minor was pending consideration.”

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