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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, AMBUJ NATH
Shahnawaz Alam S/o Late Md. Manzoor Alam – Appellant
Versus
State of Jharkhand – Respondent
Headnote: Read headnote
JUDGMENT :
1. The writ petitioner Shahnawaz Alam has filed this writ application under Article 226 of the Constitution of India seeking issuance of writ of Habeas Corpus with a direction to the Respondent No. 2 - Aabshar Ummul Khair Imam to restore the custody of his minor daughter to him and to facilitate her repatriation to Dubai, United Arab Emirates, her ordinary and habitual place of residence in light of the judgment dated 26.12.2024 passed by the competent Dubai Court.
2. The case of the writ petitioner is that he was married to the Respondent No. 2 on 25.05.2016, according to the Muslim rites and customs in Jamshedpur, India. After their marriage, they mutually agreed to establish their matrimonial home at Dubai, where they are living since 12.06.2016. On 06.01.2019, the petitioner and the Respondent No. 2 were blessed with a daughter, who presently is about 5-6 years old. The petitioner had
Welfare of the child is paramount in custody disputes, overriding parental financial capacity and foreign court judgments, especially under Muslim Personal Law, which favors maternal custody until pu....
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.
The paramount consideration in child custody disputes is the child's best interest, prioritizing emotional stability and existing ties over contesting parental claims.
The paramount consideration in child custody cases is the welfare of the child, taking into account the child's ordinary comfort, health, education, and favorable surroundings, as well as the human t....
Muslim can adopt a surrendered child but they have to follow stringent procedure as laid down under JJ Act and Rules made thereunder, but not at their whim.
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 custody disputes, and habeas corpus is not the appropriate remedy for custody transfer when legal avenues exist.
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