Case Note & Summary
The present petition was filed under Article 226 of the Constitution of India seeking a writ of habeas corpus for production of the minor son and his custody. The mother, a Canadian resident, alleged that the father had unlawfully taken the son to India and was illegally detaining him. The parties were married in Toronto, Canada in 2018, and the son was born there in 2020, making him a Canadian citizen by birth. The family had frequent visits to India. Marital discord developed, and the father, in an email dated 23 March 2024, expressed his intention to separate and move back to India, stating that the child should remain with the mother. Subsequently, the mother initiated legal proceedings in the Ontario Court of Justice on 6 August 2025, seeking decision-making responsibility and child support. The mother contended that she had been the sole caregiver since September 2024 when the father left for India. The petition before the Gujarat High Court sought enforcement of the Ontario court’s orders and the return of the minor child to the mother’s custody. However, the full text of the judgment, including the court’s reasoning and final decision, is not available in the provided excerpt. The excerpts indicate that the court examined the legal position regarding custody matters involving minor children who are residents of a foreign country, but the conclusion is not included. Therefore, the outcome of the habeas corpus petition remains unknown based on the extracted text.
Issue of Consideration
Case Details
2026 LawText (GUJ) (03) 559
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 17368 of 2025
N.S. Sanjay Gowda, D.M. Vyas
Harsh N Parekh for Applicant, Manan K Paneri for Respondent No. 2, Monali Bhatt (Addl. Public Prosecutor) for Respondent No. 1
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Nature of Litigation
Habeas Corpus petition seeking production and custody of minor son
Remedy Sought
Petitioner (mother) sought a writ of habeas corpus to produce the minor son Shriyan Shripal Shah, to hand over his passport, and to grant custody to her as legal custodian per Ontario Court of Justice order
Filing Reason
Mother alleged that the father had wrongfully taken the minor son to India and was illegally detaining him, thereby depriving her of lawful custody
Judgment Excerpts
I think it's about time we part ways for good.
You hit and push me all the time. There is hardly any proper sex happening between us and I'm abusing you physically?
Laws also say that the kid has to be with the mom until a certain age and hence I'm left with no choice.
I seek 100% decision making responsibility and child support since the date of separation.
Procedural History
Parties were married in Toronto, Canada on 21.09.2018. A son was born on 11.05.2020 in Canada, making him a Canadian citizen by birth. The family had frequent visits to India. Marital discord arose, and on 23.03.2024, the father sent an email to the mother stating his intention to separate and move back to India, agreeing to the mother having custody. In April 2025, the father returned to Canada and started residing there. On 06.08.2025, the mother initiated proceedings before the Ontario Court of Justice under family law seeking decision-making responsibility, child support, and parenting time. Subsequently, the mother filed the present habeas corpus petition in the Gujarat High Court, alleging illegal detention of the minor son by the father. The father opposed the petition. The court heard arguments and reserved judgment.
