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N. S. SHEKHAWAT
Ravi Ranga Nathan – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner's request for habeas corpus. (Para 1 , 2 , 3) |
| 2. arguments regarding custody legality. (Para 4 , 5 , 6 , 7) |
| 3. need for disclosure and clean hands in custody. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. maintaining welfare of the child as primary. (Para 16 , 17 , 18 , 19 , 20) |
| 5. consideration of foreign court orders. (Para 21 , 22 , 23 , 24) |
| 6. petition dismissed for lack of merits. (Para 25) |
JUDGMENT
Mr. N.S.Shekhawat, J. (Oral)
The petitioner has filed the present petition under Articles 226/227 of the Constitution of India with a prayer to issue a writ in the nature of Habeas Corpus, to protect the life and liberty of Tarini Vijaya Nathan (hereinafter to be referred as 'Tarini' ), daughter of the petitioner from forced/illegal custody of respondent No. 5, who has been confined at the present address of respondent No. 5.
2. Learned senior counsel for the petitioner contends that the petitioner is a citizen of United States of America and is a non-resident Indian. He is also an Overseas Citizen of India as per Section 7-A of CITIZENSHIP ACT 1955. The petitioner has been living in United States of America since April 1970 and is working as Associate Consult
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 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 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.
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