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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANJARI NEHRU KAUL
Camila Carolina De Matos Vilas Boas – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. habeas corpus sought for minor child custody. (Para 1 , 2) |
| 2. petitioner's arguments on custody rights. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. respondent no.8's defense and allegations. (Para 9 , 10 , 11 , 13) |
| 4. judicial maintenance of custody orders. (Para 15 , 16 , 17) |
| 5. court’s observations on international custody. (Para 18 , 19 , 20 , 21 , 22) |
| 6. welfare of the child prioritized in decisions. (Para 23 , 24) |
| 7. court's stance against jurisdiction manipulation. (Para 25 , 26) |
| 8. final decision on child's repatriation to canada. (Para 27) |
| 9. order concludes proceedings in the case. (Para 28 , 29) |
JUDGMENT :
MANJARI NEHRU KAUL, J.
1. The present petition has been filed under Article 226 of the Constitution of India in the nature of habeas corpus by the petitioner, the biological mother of the minor child XXX (hereinafter referred to as ‘alleged detenue’) seeking a direction to respondent No.8, her former husband, to produce the alleged detenue before this Court and hand over his custody to her. The petitioner has invoked the extraordinary writ jurisdiction of this Court, asserting that the alleged detenue is being unlawfully retained in India by respondent No.8 in deliberate an
Habeas corpus can enforce foreign custody orders; compliance with parental rights and welfare of the child are paramount in custody disputes.
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....
Indian courts can enforce foreign parenting orders for child custody, prioritizing the child's welfare and establishing illegitimacy of custody if it violates those orders.
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....
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 disputes, and custody should be granted to the parent if it serves the child's best interests.
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