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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
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 provided the Respondent No. 2 and his daughter with luxurious life style and took care of all their needs. The petitioner got his daughter enrolled in kindergarten at Uptown International School, Mirdif, Dubai with academic sessions scheduled to commence on 28.08.2023. His minor daughter
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....
Custody decisions must prioritize the welfare of the child over the statutory rights of guardians, as seen in custody disputes. The petitioner's financial status cannot solely determine custody outco....
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 custody of a minor child with the mother is presumed lawful, and the welfare of the child is the paramount consideration in custody disputes. The remedy of habeas corpus cannot be used to enforce....
The welfare of the child is paramount in custody matters, allowing writ of habeas corpus to challenge unlawful detention in international contexts. Foreign court orders must yield if they conflict wi....
The paramount consideration in child custody disputes is the child's best interest, prioritizing emotional stability and existing ties over contesting parental claims.
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.
It does not connote place of origin or country in which minor has citizenship. It does not depend on duration of minor’s residence, but more on intention of person who has child’s lawful custody; whi....
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