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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. SANDHAWALILA, C.J., RANJAN SHARMA
Saurav Rattan – Appellant
Versus
State of HP – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
In the present Habeas Corpus Petition, the petitioner, who is father of two minor girls, namely, Ms.Amyra Rattan (at present aged around 9 years) having been born on 15.09.2016 and Ms. Anaysha Rattan (at present aged around 7 years) having been born on 30.10.2018, seeks their custody by way of a writ of Habeas Corpus, on the ground that they are possibly in the illegal and unauthorized custody of respondents No. 6 to 9, who are close relatives of his wife- respondent No. 5 Chery Mohil and in such circumstances seeks direction for handing over the lawful custody of the minors’ being father and natural guardian.
2. The pleadings in the Habeas Corpus Petition goes on to show that the petitioner, who is a practicing Advocate in this Court was also an exceptional sportsman having played international cricket and played Ranji Trophy for Himachal Pradesh and has also represented North India Cricket team in the year 2004. The petitioner was also captain of Himachal Pradesh under-22 team. He was a member of Junior Selection Committee (under-19, under 16 and Under 14 Teams) of Himachal Pradesh Cricket Association (HPCA) and presently he is the member and select
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.
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.
Custody of minor - Petitioner being father of the minor and natural guardian in terms of Section 6 of the Act of 1956 would be entitled to custody of the minor particularly since it is admitted that ....
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....
The welfare of the child is of paramount consideration in child custody disputes, and decisions should be made based on the best interests of the child.
The welfare of the child is paramount in custody disputes, and habeas corpus is not maintainable if the child is in lawful custody of one parent.
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