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ASHOK KUMAR VERMA
Anita Dangi – Appellant
Versus
State of Haryana – Respondent
JUDGMENT / ORDER
Ashok Kumar Verma, J. - Petitioner-Anita Dangi, who is maternal grand-mother of detenue-Lavyansh Dhankhar aged about 6 years (hereinafter referred to as the 'minor child') has approached this Court by filing this habeas corpus petition under Article 226 of the Constitution of India, for releasing the aforesaid minor child from the illegal custody of respondents No.4-Manoj Dhankhar (father of the minor child), respondent No.5- Rekha Malik (sister of respondent No.4), respondent No.6-Yogesh Malik (husband of respondent No.5), respondent No.7- Mukesh Dhankhar (brother of respondent No.4), respondent No.8-Manju (sister-in-law of respondent No.4) and respondent No.9 Sumitra (mother of respondent No.4).
2. The brief facts as culled out from the paper-book are that the daughter of the petitioner namely, Niharika Dangi was married to Manoj Dhankhar, respondent No.4 and out of this wedlock, one son who is the detenue in the present case, was born on 18.01.2016. The marriage ran into rough weather resulting into grappling with multiplicity of litigations between the parties. Respondent No.4 filed Petition under the provisions of Hindu Minority and Guardianship Act, 1956 and Gu
The welfare of the child is paramount in custody matters, and the jurisdiction of the Family Court is crucial in adjudicating custody disputes.
Point of law: Custody of child – Unlawful and illegal custody - A writ of habeas corpus, as has been consistently held, though a writ of right is not to be issued as a matter of course, particularly ....
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 court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
The High Court retains discretion to grant habeas corpus for custody, yet it cannot disrupt prior lawful custody orders, emphasizing child welfare as paramount.
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 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....
In custody disputes, the welfare of the child is paramount, and custody of a child under five years should ordinarily be with the mother, as per Section 6 of the Hindu Minority & Guardianship Act.
Court emphasizes the welfare of the child in custody matters while maintaining jurisdictional limits.
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