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P. S. DINESH KUMAR, T. G. SHIVASHANKARE GOWDA
VAYU KISHORE S/O ANJANI KISHORE – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. This writ petition by the father of a minor child, Miss Vindhya Kishore, aged 4 years, is presented with following prayers:
(b) Issue an appropriate writ, order or direction in the nature of Habeas Corpus to Respondent No. 3 to trace Respondent No. 6 and through her produce Miss Vindhya Kishore before this Hon'ble Court, in view of the illegal detention of Miss Vindhya by Respondent No. 6 and violation of Custody Order dated 25.08.2022 passed by the Foreign Court.
(c) Issue appropriate directions to Respondent No. 6 to restore and handover legal and physical custody of Miss Vindhya Kishore to the Petitioner.
(d) Issue appropriate directions to Respondent No. 6 to facilitate Miss Vindhya's safe return to USA in compliance with the order dated 02.12.2022 passed by the Foreign Court.
(e) Issue appropriate directions to Res
The welfare of the child is paramount in custody matters, allowing writ of habeas corpus to challenge unlawful detention in international contexts. Foreign court orders must yield if they conflict wi....
Parental abduction undermines custody orders; courts prioritize the child's welfare over legal contingencies.
The welfare of the child is the paramount consideration in custody disputes, with habeas corpus requiring proof of illegal custody and availability of remedies, which were absent in this case.
The welfare of a minor child is of paramount importance, and custody should generally remain with the mother unless proven harmful, reaffirming the 'tender years rule.'
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