(W.P. (HC) Filed U/A 226 & 227 of the constitution of India praying to issue a direction to the respondents 1 to 4 to cause production of the daughter of the petitioner Kumar Aditi, now aged about 13 years before this Hon’ble Court from the custody of the R.4)

The petitioner and Respondent No.4 are husband and wife. The petitioner married R-4 in the year 1994. Out of the wedlock they have a child aged about 13 years. It is the contention of the petitioner that the R-4 has taken custody of the child and she has gone abroad. The petitioner states that the respondent has illegally deserted him and therefore she is not entitled to the custody of the child. Hence seeks indulgence of the court by a writ of Habeas Corpus.

2. Thefacts evidently disclose that it is a family dispute. The custody of the child with any one of the parents cannot be termed as per se illegal or unlawful custody. The question would be only to find out which of the parent has got better claim for the custody of the child. In deciding so, the welfare of the child shall be of paramount importance. All these questions cannot be gone into in a petition for a writ of habeas corpus. The dispute in question can be gone into by the competent civil court. In that view, the petition is dismissed in limine.