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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Ravindra V.Ghuge, Gautam A.Ankhad
Jyotirmayasinhji Upendrasinhji Jadeja – Appellant
Versus
Criminal Writ Petition No.2540 of 2025 – Respondent
JUDGMENT :
GAUTAM A. ANKHAD, J.
1. Rule. Rule is made returnable forthwith and the matter is heard finally with the consent of the parties.
2. The Petitioner is an Indian citizen. Respondent no.2 is his wife and a citizen of Germany, holding a German passport. The Petitioner has filed this Petition under Article 226 of the Constitution of India seeking a writ of Habeas Corpus for the production and custody of his six-year-old son, who is presently in Germany with Respondent no.2. The Petitioner seeks the following reliefs:
“a.The Hon’ble Court, by exercising powers under Article 226 of the Constitution of India, may be pleased to direct the Respondent No.2 to produce their son, i.e. the minor child XYZ before this Hon’ble Court; (name is masked)
b.The Hon’ble Court, by exercising powers under Article 226 of the Constitution of India, may be pleased to restore the custody of his son, i.e. the minor child - to the Petitioner.”
3. The relevant dates for the purpose of this Petition are as under:
a. The marriage between the Petitioner and Respondent no.2 was solemnized on 4th March 2017 at Goa and a marriage certificate was issued under the Gujarat Registration of Marriage Act, 2006. Neither
In child custody matters, the welfare of the child is paramount, and custody arrangements by foreign courts must be respected despite opinions regarding jurisdiction.
The welfare of the child is paramount in custody disputes, and custody should be granted to the parent if it serves the child's best interests.
Point of law: Custody of child - In a child custody matter, a writ of habeas corpus would be entertainable where it is established that the detention of the minor child by the parent or others is ill....
Point of Law : It is only in exceptional cases, the rights of the parties to the custody of the minor will be determined in exercise of extraordinary jurisdiction on a petition for habeas corpus.
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 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....
The High Court retains discretion to grant habeas corpus for custody, yet it cannot disrupt prior lawful custody orders, emphasizing child welfare as paramount.
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