Case Note & Summary
The petitioner, Vayu Kishore, father of a 4-year-old minor child, Miss Vindhya Kishore, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The father sought directions to respondents, including the State of Karnataka, the Commissioner of Police, and the Station House Officer, to trace and produce the child and deliver custody to him so that he could repatriate her to the USA in compliance with an order dated 02.12.2022 passed by a foreign court. The child was in the custody of her mother, Abhilasha Sharma, who was the sixth respondent. The father alleged that the mother had wrongfully retained the child in India. The court examined the maintainability of the habeas corpus petition. It noted that the child was with her natural guardian mother and there was no allegation of illegal detention. The court held that a writ of habeas corpus is not the appropriate remedy for custody disputes between parents, as the welfare of the child is paramount and such matters should be adjudicated under family law statutes. The court dismissed the petition, holding that the mother's custody was not illegal and the father's remedy lay elsewhere.
Headnote
A) Constitutional Law - Habeas Corpus - Custody of Minor Child - Maintainability - Father filed habeas corpus for custody of 4-year-old daughter from mother - Court held that where child is with natural guardian mother, no illegal detention is made out - Habeas corpus not maintainable - Remedy lies under family law statutes - Constitution of India, 1950, Articles 226 and 227 - Held that the petition is not maintainable and dismissed (Paras 1-10).
Issue of Consideration
Whether a writ of habeas corpus is maintainable for custody of a minor child when the child is with the mother, a natural guardian, and there is no allegation of illegal detention.
Final Decision
Writ petition dismissed as not maintainable
Law Points
- Habeas corpus not maintainable for custody dispute between parents
- welfare of child paramount
- natural guardian mother's custody not illegal per se
