HC says CWC can't usurp its power by handing over custody
BENGALURU: The high court has ruled that a statutory body like the Child Welfare Committee (Makkala Kalyana Samithi) cannot hand over the custody of a child when the decision of the issue is still pending in a family court. As the 12-year-old boy was sent to the custody of the father based on a complaint sent by the boy to the committee through his father.
The said by observing that, “The usurpation of jurisdiction by the committee in a matter which is sub-judice before the court of competent jurisdiction under the guardians Act cannot be sustained in law.”
Justice Krishna S Dixit posted the matter to February 21 for further consideration. S Murthy challenged the December 27, 2018 order that was issued by the under-secretary to the assembly secretariat, suspending him under the special board’s orders. This was in relation to alleged siphoning of funds sanctioned for the winter session at Belgaum in 2016 and 2017.
Murthy claimed that no procedural lapse or illegality was done by any department, and the office of the principal accountant-general, Karnataka, also found no objection in the inspection report.