#AllahabadHighCourt declines to handover the custody of minor girl child from her father to her mother in a habeas corpus writ petition.
Court said that in such matters, writ of habeas corpus will be entertainable only if the child has been detained illegally/without authority.
Court said that in such matters, writ of habeas corpus will be entertainable only if the child has been detained illegally/without authority.
The couple had already filed for divorce. Taking this fact into account, court said that in such matters, the remedy would lie under the Hindu Minority and Guardianship Act, 1956 or Guardians, and Wards Act, 1890 GWA, as the case may be and, accordingly, rejected woman's plea.
Marriage between child's parents had taken place in 2014 and she was born in 2016.
In 2020, following matrimonial disputes, her mother was allegedly kicked out of the house and since then she was seeking her child's custody.
In 2020, following matrimonial disputes, her mother was allegedly kicked out of the house and since then she was seeking her child's custody.
“In matter of custody of a child, 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 illegal and without authority of law," Court clarified.
@ISalilTiwari reports
lawbeat.in/news-updates/h…
@ISalilTiwari reports
lawbeat.in/news-updates/h…
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