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PANKAJ BHANDARI, BIRENDRA KUMAR
Nasir Khan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Birendra Kumar, J. - The petitioner has sought for issuance of writ of habeas corpus for production of his two children, who are in wrongful detention of respondent No.5, the wife of the petitioner, since 05.11.2022.
2. The petitioner stated that he married with respondent No.5 on 07.06.2012. A son, Mr. Ibrahim Khan, was born on 04.08.2013 and a daughter, Khursheed Khan, was born on 26.04.2015 out of the wedlock. Since February 2020, respondent No.5 abandoned the petitioner as well as her children and the children were in the custody of the petitioner before 05.11.2022. The respondent No.5 asked the petitioner that the children be sent to her for a few hours and thereafter she would also return to stay with the petitioner along with the children. The petitioner acceded to the request of respondent No.5 but thereafter respondent No.5 did not sent back the children.
3. In the reply, respondent No.5 stated that wrong fact has been asserted by the petitioner in the writ petition rather respondent No.5 was bitterly assaulted by the petitioner in her matrimonial house and was thrown out from the house. The respondent No.5 is always ready and willing to live with the petitioner alon
The welfare of the child is the supreme consideration in custody disputes, overriding parental legal rights.
The welfare of minor children is paramount in custody disputes, and custody should ordinarily be with the mother if the child is under five years old.
Points of Law : The principles of law in relation to the custody of a minor child are well settled. It is trite that while determining the question as to which parent the care and control of a child ....
The welfare of the minor child is the paramount consideration in custody matters, and the legal rights of the mother are subject to the welfare of the child.
The paramount consideration for the court in cases involving minors is the welfare of the minor, and the court may invoke its extraordinary jurisdiction to determine custody based on the welfare of t....
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.
Custody of minor children - Natural guardian - Private respondent is none other than biological mother of minor children - It may be presumed that custody of children with their mother is not unlawfu....
Point of law: Custody of child - child was forcibly taken away by the father from the custody of the mother. - Writ of habeas corpus, as has been consistently held, though a writ of right is not to b....
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