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INDERJEET SINGH, BHUWAN GOYAL
Kusum Lata – Appellant
Versus
State of Rajasthan, Through the Home Secretary – Respondent
ORDER
This habeas corpus petition under Article 226 of the Constitution of India has been filed by the petitioner with regard to illegal detention of her minor son aged about one and a half years and seeking custody of her minor son, who is admittedly in illegal custody of his grand-parents.
2. Brief facts of the case are that the petitioner solemnized marriage with deceased Lalaram Bairwa on 15.03.2021. Out of their wedlock, one male child was born on 18.10.2022. The petitioner was appointed as a School Lecturer Grade-I on 01.02.2024. Unfortunately, the husband of the petitioner died in a road accident on 18.02.2024. Thereafter, the petitioner left her matrimonial home to join her duties, where she was posted in District Tonk. During this, custody of the minor child remained with the respondents, who thereafter did not hand over custody of her minor son and illegally detained him, therefore, she has filed this habeas corpus petition with regard to illegal detention of her minor son and seeking custody of her minor son.
3. Heard learned counsel for the parties.
4. Learned counsel for the petitioner has submitted that the petitioner is mother of the minor child and she being natural
Widow mother is natural guardian of her minor child.
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....
Point of law: Custody of child - child was forcibly taken away by the father from the custody of the mother. - Writ of habeas corpus, as has been consistently held, though a writ of right is not to b....
Custody of a minor child by relatives after a parent's death does not constitute illegal detention, and custody disputes should be addressed through appropriate legal proceedings.
Custody of minor children - Natural guardian - Private respondent is none other than biological mother of minor children - It may be presumed that custody of children with their mother is not unlawfu....
Section 26 of the Hindu Marriage Act, 1955 provides for custody of children and declares that in any proceeding under the said Act, the Court could make, from time to time, such interim orders as it ....
The welfare of the minor child is the paramount consideration in custody matters, and the legal rights of the mother are subject to the welfare of the child.
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.
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