Writ of Habeas Corpus in Child Custody Cases usually does not lie in custody matters however of late there are a lot of cases wherein this particular writ is being filed . It is also to be borne in mind that when there are statutory laws regarding child custody one should approach the court of competent jurisdiction wherein one can exercise his or her rights for child custody . In cases that warrant the exercise of extraordinary discretionary jurisdiction under Article 226 wherein it is shown that the minor child’s detention is illegal or without legal authority courts have come into the rescue of litigants. What is important to note is there should be illegal detention of the person or has been with someone with unalwful authority.
Important Judgments on maintainability of writ of habeas corpus
in Child custody cases
Supreme Court Landmark Judgments mainly –
-  Jose Antonio Zalba Diez Del Corral Alias Jose Antonio Zalba Vs The State Of West Bengal & Ors – Judgment dated 28 July, 2021.
- Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari” (2019) 7 SCC 42 has laid down the law with regard to the maintainability of Habeas Corpus Petition in Paragraphs No. 18 & 19 of its judgment.
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How to file Writ of Habeas Corpus in High Court
Kindly click here to submit your details and we will guide you with filing a writ of habeas corpus in child custody matters. You may also call us at 9873628941. Also you may visit Taps9 Legal Services for free consultation on child custody matters
