Minor Staying With Father Cannot Be Termed Illegal Confinement, Not Proper To Assume Only Mother Is Important For Child: J&K High Court

The Jammu and Kashmir High Court ruled that it is incorrect to assume that only a mother is important in a minor's life for custody considerations. The court emphasized that a father’s custody is not inherently illegal, and invoking powers under Section 97 of the CrPC for custodial issues is not warranted if the custody arrangement is legal. The ruling underscores that both parents have significant roles in a child's life, and custody decisions should not be made based solely on traditional views that prioritize the mother’s role.