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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SANDIPKUMAR C. MORE, Y. G. KHOBRAGADE
Shubhangi w/o Ganesh Yadav – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Per : Sandipkumar C. More, J.)
1. Rule. Rule made returnable forthwith.
2. Learned AGP waives service for the respondent Nos.1 & 2-State. Heard finally by consent of the parties.
3. The present petition is filed under Article 226 of the Constitution of India seeking issuance of a writ of habeas corpus, directing respondent Nos. 1 and 2 to produce the petitioner’s minor son, Abhir, and daughter, Abhira @ Aarya, from the custody of respondent No. 3 (the father).
4. The petitioner is the wife of respondent No.3, with whom her marriage was solemnized on 30/08/2020. After the marriage, the petitioner started residing in the house of respondent No.3 at village Kadepur, Taluka Kadegaon, District Sangli. However, respondent No.3 and his family members subjected her to cruelty. Out of the said wedlock, the petitioner has a son, Abhir, born on 27/02/2022, and a daughter, Abhira @ Aarya, born on 17/11/2023. Ultimately, on 02/06/2025, respondent No.3 allegedly mercilessly assaulted the petitioner and drove her out of the matrimonial home after removing her ornaments and taking away the minor children. Since 02/06/2025, the petitioner is residing at her parental home at Muslewadi, Taluk
In child custody disputes, habeas corpus petitions are not maintainable when the natural guardian holds custody; detailed inquiries are preferred under existing custodial laws to determine the childr....
The High Court retains discretion to grant habeas corpus for custody, yet it cannot disrupt prior lawful custody orders, emphasizing child welfare as paramount.
Petition for production and custody of minor child – Once complexities is perceived, Writ Court should not usurp powers of Civil Court to decide and proper course to be adopted in this regard is to r....
The extraordinary remedy of a prerogative writ of Habeas Corpus can be availed in exceptional cases where the ordinary remedy provided by the law is either unavailable or ineffective, and the welfare....
The welfare of the child is the supreme consideration in custody matters, and habeas corpus proceedings are not the appropriate forum for resolving custody disputes that require detailed factual inqu....
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
The welfare of the child is the decisive factor for the claim of custody, and the court should strike a balance between the welfare of the child and the rights of the parents over the child.
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