MINOR
It is too late in the day to urge that a writ of habeas corpus is not maintainable if the child is in the custody of another parent.
2020 SCeJ 5001 YASHITA SAHU v. STATE OF RAJASTHAN
Habeas corpus – Minor – Custody of - Petitioner, a mother, being a natural guardian would be entitled to maintain the writ of habeas corpus - The detenue being a minor and under the age of 5 years should ordinarily be in the custody of the mother as stipulated under Section 6 (a) of the Hindu Minority and Guardianship Act, unless the respondent is able to establish that she is unfit to do so - Father is at liberty to approach the Guardian Court/Civil Judge for custody of the minor in accordance with law - Hindu Minority and Guardianship Act, Section 6 (a).
2021 PLRonline 3926
Habeas corpus – Minor – Custody of - Writ of habeas corpus would be maintainable to seek the custody of the minor child who is at the tender age of about 4 years - The writ of Habeas corpus would be an efficacious remedy, keeping in mind the reality of the delay that would occur, while alternate remedy of filing application under the Guardian and Wards Act or Hindu Minority and Guardianship Act is being availed of.
2021 PLRonline 3926
Habeas Corpus - Child aged 6½ years – Custody with father - Habeas corpus filed by wife - Custody of a biological father of a minor son is not illegal - Habeas corpus petition dismissed.
Habeous Corpus - Father is her natural guardian, cannot be said to be illegal custody but due to the minor daughter being less than five years, the mother is entitled to its custody not only as per the statutory right conferred by Section 6(a) of the HMG Act but also due to the same being essential to the welfare and in best of the interest of the minor daughter.
2021 PLRonline 4716