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P. SAM KOSHY, SAMBASIVA RAO NAIDU
Maria Sultana – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard Mr. P. Krishna Prakash, learned counsel for the petitioner and Mr. Swaroop Oorilla, learned Special Government Pleader appearing for the respondent Nos. 1 to 6. Perused the material available on record.
2. The instant is a writ petition which has been filed seeking for issuance of writ in the nature of Habeas Corpus directing the respondent/police authorities ensuring the production of the minor daughter of the petitioner viz. Musfira Amal, aged around 3 years and 10 months before this Court and thereafter restore the custody of the said minor child to the petitioner who is the natural guardian/biological mother of the minor child.
3. From the pleadings that are available on record what clearly culls out is that the marriage between the petitioner and 7th respondent took place on 15.08.2019 at Hyderabad. At the time of marriage, the 7th respondent, the husband of the petitioner was working in Dubai. Subsequent to the marriage, the petitioner went along with respondent No. 7 and were residing in Dubai. While they were staying in Dubai as husband and wife, the minor child viz. Musfira Alam was born on 03.06.2020. However, since the child developed certain medical compli
The writ of habeas corpus is not maintainable when statutory remedies are available, particularly in child custody disputes already before a competent court.
Custody of minor - Petitioner being father of the minor and natural guardian in terms of Section 6 of the Act of 1956 would be entitled to custody of the minor particularly since it is admitted that ....
The High Court retains discretion to grant habeas corpus for custody, yet it cannot disrupt prior lawful custody orders, emphasizing child welfare as paramount.
Petition for production and custody of minor child – Once complexities is perceived, Writ Court should not usurp powers of Civil Court to decide and proper course to be adopted in this regard is to r....
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....
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
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 ....
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....
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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