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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Arun Kumar Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.
The present petition has been filed by the petitioner under Article 226 of the Constitution of India making prayer for issuance of a writ in the nature of Habeas Corpus directing the official respondents to get the alleged detenue, who is son of the petitioner, released from the illegal custody of respondents No. 2 to 4 and hand over the custody of the child to the petitioner.
2. Shorn of unnecessary details, the brief facts of the case relevant for the purpose of disposal of the present petition are that the petitioner, who is an NRI, residing in USA, was married to respondent No. 2-Meghna Rana on 25.11.2015. Soon after the marriage, both of them left for USA on 15.12.2015. While residing in USA, they were blessed with a male child on 14.02.2018, namely Atharva Kumar Singh, who being born in USA, is an American citizen. However, the relations between the parties became strained and sour, for which, both of them started accusing each other. In the petition, the petitioner has also alleged that respondent No. 2 had made false allegations against the petitioner of harassing and subjecting her to cruelty. Rather, it was respondent No. 2, who had mistreated t
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 paramount in custody disputes, and custody should be granted to the parent if it serves the child's best interests.
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 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....
The main legal point established in the judgment is that the custody of a minor child with the father as the natural guardian cannot be held illegal or unlawful unless it is in breach of some authori....
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