BENGALURU:  The Karnataka High Court on Tuesday ruled that the Child Welfare Committee cannot pass orders to hand over the custody of a minor child to either parent, who are party to the proceedings before the Family Court. Justice Alok Aradhe passed the order while quashing the direction passed by the  
Child Welfare Committee-1, Bengaluru Urban, and said the Committee cannot be permitted to usurp the jurisdiction of the competent court exercising powers under the provisions of the Guardians and Wards Act, 1890, when the issue of the minor’s custody is pending before the Family Court. 

In the present case, the child’s mother moved the high court against the Committee, constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015, which has taken the child from the mother’s custody and handed over to the father.

Quashing the Committee’s order dated January 3, 2019, the High Court said that under the provisions of the Guardians Act, the court is empowered to make an order under Section 7 of the Act. The jurisdiction conferred by law cannot be taken away by the Committee, which is a statutory body. 
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, the court said.

The High Court further said that usurpation of jurisdiction by the Committee, in a manner which is sub-judice under the Guardians Act, cannot be sustained in the eye of law. The court directed the Family Court to decide the issue of custody of the minor child expeditiously, preferably within three months, and the parties to cooperate with the Family Court.