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Supreme Court Of India

Hon'ble Judge(s): R. Banumathi, R. Subhash Reddy , JJ

(A) Constitution of India , Art.226— Custody of minor child - Writ of habeas corpus - Maintainability - In child custody matters, writ of habeas corpus is maintainable where it is proved that detention of minor child by parent or others is illegal and without any authority of law. (Para 13 18) Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from an illegal or improper detention. The writ also extends its influence to restore the custody of a minor to his guardian when wrongfully deprived of it. The detention of a minor by a person who is not entitled to his legal custody is treated as equivalent to illegal detention for the purpose of granting writ, directing custody of the minor child. For restoration of the custody of a minor from a person who according to the personal law, is not his legal or natural guardian, in appropriate cases, the writ court has jurisdiction. Habeas corpus proceedings is not to justify or examine the legality of the custody. Habeas corpus proceedings is a medium through which the custody of the child is addressed to the discretion of the court. Habeas corpus is a prerogative writ which is an extraordinary remedy and the writ is issued where in the circumstances of the parti....