Writ of “Habeas Corpus” in child custody cases
Case Name – Somprabha Rana & Ors. v. State of Madhya Pradesh 2024 INSC 664
Coram – Abhay S. Oka and Augustine George Masih, JJ.
Important Findings
- Writ of Habeas corpus is a prerogative writ. It is an extraordinary remedy. It is a discretionary remedy.
- The High Court always has the discretion not to exercise the writ jurisdiction depending upon the facts of the case. It all depends on the facts of individual cases.
- Even if the High Court, in a petition of Habeas Corpus, finds that custody of the child by the respondents was illegal, in a given case, the High Court can decline to exercise jurisdiction under Article 226 of the Constitution of India if the High Court is of the view that at the stage at which the Habeas Corpus was sought, it will not be in the welfare and interests of the minor to disturb his/her custody.
- As far as the decision regarding custody of the minor children is concerned, the only paramount consideration is the welfare of the minor. The parties’ rights cannot be allowed to override the child’s welfare. This principle also applies to a petition seeking Habeas Corpus concerning a minor.
- When the Court deals with the issue of Habeas Corpus regarding a minor, the Court cannot treat the child as a movable property and transfer custody without even considering the impact of the disturbance of the custody on the child. Such issues cannot be decided mechanically.
- The Court has to act based on humanitarian considerations. After all, the Court cannot ignore the doctrine of parens patriae.