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R. RAGHUNANDAN RAO, HARINATH N.
V. Charitha, W/o. Sujay Kumar Reddy – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department – Respondent
ORDER :
(R. Raghunandan Rao, J.)
Heard V. Surendra Reddy, learned counsel for the Petitioner and Sri P. Gangi Rami Reddy, learned counsel for respondent No.6.
2. The petitioner herein is the mother of the boy, who is said to have been illegally detained by the 6th respondent, who is the father of the boy. The case of the petitioner is that the petitioner and the 6th respondent had been married, as per Hindu Rites and Customs, on 05.03.2017 and they have a son named Master V. Vahin Reddy who was born on 24.11.2018 in Nellore. The petitioner states that she had filed a complaint before the Nellore Rural Police Station, under Section 498-A of I.P.C and Sections 3 & 4 of Dowry Prohibition Act, which was registered as Crime No.416 of 2022. Subsequently, a charge sheet had been filed in the case and the said case is now numbered as C.C. No.94 of 2023 after the IV Additional Judicial Magistrate of First Class had taken cognizance of the charge sheet.
3. The petitioner contends that the 6th respondent, had forcibly entered into the house of the parents of the petitioner, on 28.01.2024 and had forcibly taken away the minor boy. Photographs showing the 6th respondent taking away the child have
A writ of Habeas Corpus is maintainable in child custody cases where illegal detention is established, prioritizing the child's welfare over parental claims.
The welfare of the child is of paramount consideration in child custody disputes, and decisions should be made based on the best interests of the child.
The welfare of the child is the paramount consideration in determining the custody of a minor child, and the rights of the parents under the law are not absolute.
The welfare of the child is the paramount consideration in determining custody, and the writ of habeas corpus is maintainable in child custody matters where the detention of a minor child by a parent....
In custody disputes, the welfare of the child is paramount, and custody of a child under five years should ordinarily be with the mother, as per Section 6 of the Hindu Minority & Guardianship Act.
Welfare of the child is paramount in custody matters; habeas corpus petitions should not displace detailed inquiry under family law provisions concerning guardianship.
Custody of a child under five years is presumed to be with the mother, and this presumption is rebuttable only by demonstrating the mother's unsuitability.
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