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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Shashikanta Majhi – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
HARISH TANDON, CJ.
1. The instant writ petition in the nature of habeas corpus is at the behest of the father of a minor child, who is admittedly in the custody of opposite party nos. 5 and 6, being the maternal aunt and uncle, for his production and the custody to be given.
2. Undeniably, the wife of the petitioner died prematurely leaving behind the said minor child, who is five years old as on date. According to the petitioner, after the death of his wife, opposite party nos.5 and 6 were requested to reside at Chennai, where he works for gain to look after the said child. But, without any permission, the said opposite parties took the said child and returned to the State of Odisha and, therefore, the custody of the child is illegal and unlawful.
3. It would be apposite to complete the sequel of events before we embark to decide the issue relating to the reliefs claimed in the instant writ petition in the nature of habeas corpus.
4. The approach was made to the Child Welfare Committee, Balasore (CWC) alleging that the child of the petitioner is in need of care and protection and a direction was passed for physical production of the said child before the CWC. The order was a
The High Court retains discretion to grant habeas corpus for custody, yet it cannot disrupt prior lawful custody orders, emphasizing child welfare as paramount.
Petition for production and custody of minor child – Once complexities is perceived, Writ Court should not usurp powers of Civil Court to decide and proper course to be adopted in this regard is to r....
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.
The extraordinary remedy of a prerogative writ of Habeas Corpus can be availed in exceptional cases where the ordinary remedy provided by the law is either unavailable or ineffective, and the welfare....
The welfare of the child is paramount in custody matters, and the extraordinary jurisdiction for habeas corpus depends on establishing unlawful detention.
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 supreme consideration in custody matters, and habeas corpus proceedings are not the appropriate forum for resolving custody disputes that require detailed factual inqu....
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
The welfare of the child is the paramount consideration in determining custody, and the writ of habeas corpus is maintainable in child custody matters where the detention of a minor child by a parent....
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