Case Note & Summary
The petitioner, Dr. R. Divya, mother of a nine-month-old infant named Alice Kriya, filed a habeas corpus petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court. She alleged that the third respondent, Goutham, the father of the child, had taken away the infant daughter and sought a direction to the police (second respondent) to produce the child and hand over custody to her. The matter involved a matrimonial dispute between the petitioner and the third respondent, who were the parents of the child. The respondents, including the father and other private respondents, opposed the petition. The father appeared through counsel and contended that the child was well cared for by him and that the conduct of the petitioner/mother was blameworthy. The court noted that the facts were disputed and that such disputes cannot be decided in a habeas corpus petition. The court observed that habeas corpus jurisdiction under Article 226 is not meant to resolve contested questions of fact, especially in custody matters between parents. It held that the appropriate remedy lies before the competent court exercising jurisdiction over child custody disputes. Consequently, the court dismissed the habeas corpus petition and directed the parties to work out their remedy before the competent court dealing with custody of the child. No costs were imposed.
Headnote
A) Habeas Corpus - Child Custody - Maintainability - Constitution of India, Article 226 - Disputed questions of fact regarding custody of a child between parents cannot be resolved in a habeas corpus petition; parties must approach the competent court dealing with custody. Held that habeas corpus jurisdiction cannot be invoked for such disputes and the petition is dismissed. (Paras 3-5)
Issue of Consideration
Whether a habeas corpus petition under Article 226 of the Constitution of India is maintainable for obtaining custody of a child when there is a marital dispute and disputed questions of fact
Final Decision
The habeas corpus petition was dismissed. The parties were directed to work out their remedy before the competent court dealing with the custody of the child.
Law Points
- Habeas corpus petition cannot be invoked to decide disputed facts in child custody disputes
- the proper remedy is before the competent court dealing with child custody
