Responding to a habeus corpus petition, the court on Thusday ordered that the boy be handed over to his mother, Sharmila KC. [break]
Judges Hare Ram Koirala and Shiva Raj Adhikari issued the order in response to the petition filed by Sharmila. She filed the petition against her husband, the District Police Office that sent plainclothes police to get hold of the boy, and the District Administration Office that directed the police to do so. Prashant was taken by his father last Friday while he was going to school.
The incident has again brought to public notice a domestic dispute over the guardianship of Prashant, the only grandson in the affluent KC family.
Four years ago, Kaski District Court had ruled that Sharmila be given custody of her son. But the KC family has been claiming that they should be granted custody.
Prashant hasn´t attended his school, Sakura Montessori at Pokhara-10, since last Friday.
According to the court verdict, Prakash KC could face a contempt of court charge if he does not hand over the boy to his mother. Sources said Prakash has already reached Kathmandu with his son.
Sharmila KC has been living alone following a dispute over property. She married Prakash in June, 2005 but sought her share of property alleging that she was meted out unfair treatment by her husband and in-laws. The case is currently at the Supreme Court.
Prashant had been living with his maternal grandparents and was taken away by plainclothes police Friday while his maternal grandfather Dil Bahadur KC was taking him to school. The boy was eventually handed over to his father.
Superintendent of Police Yadav Raj Khanal confirmed this. “I did what the chief district officer ordered me to do,” he said.
Meanwhile, Sharmila has filed a complaint at the Commission for Invesgitation of Abuse of Authority charging Chief District Officer Shambhu Koirala of using police to capture her son under pressure and the influence of lawmaker KC´s power and money.