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SURESH KUMAR KAIT, MANOJ JAIN
Ravish Beniwal – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT (Oral)
1. The present petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Habeas Corpus directing the respondent Nos.2 & 3 to produce daughter of the petitioner from the custody of respondent Nos.4 & 5.
2. Petitioner got married to respondent No.4 on 31.01.2009 and out of the said wedlock, a baby girl was born. Thereafter, in June, 2018, respondent No.4 and their daughter wilfully left the matrimonial home. The petitioner got to know that on 12.01.2024, the respondent No.4 has absconded with one Himanshu Goyal leaving behind her daughter for which a complaint vide DD No.107 dated 13.01.2024 has been lodged at Police Station Palam Village by respondent No.5 who is father of the wife of the petitioner. The petitioner has no information about whereabouts of his daughter since 16.02.2024. Hence, the present petition has been filed.
3. Pursuant to order dated 21.03.2024, the daughter of petitioner Tarusha along with her grand-father, i.e. respondent No.5, is produced in Court today. Such daughter submits that she was born on 28.02.2024 and presently studying in 10th Standard in Kendriya Vidyalaya
The court emphasized that the issue of custody in the context of matrimonial disputes should be addressed through the Family Court.
Point of law: Custody of child – Unlawful and illegal custody - A writ of habeas corpus, as has been consistently held, though a writ of right is not to be issued as a matter of course, particularly ....
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
The writ of habeas corpus in child custody cases is an extraordinary, discretionary remedy predicated on the child's welfare. While not a substitute for statutory procedures, courts may intervene via....
The best interest and welfare of the child, as well as the principles of the 'tender years rule', are paramount considerations in child custody matters.
The main legal point established in the judgment is that the custody of a minor child with the father as the natural guardian cannot be held illegal or unlawful unless it is in breach of some authori....
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....
The welfare of the child is the paramount consideration in custody disputes, and habeas corpus is not the appropriate remedy for custody transfer when legal avenues exist.
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