The Allahabad High Court has dismissed a habeas corpus petition filed by a father seeking custody of his child, who has been living with his mother since birth and said that habeas corpus is an extraordinary remedy.

The Allahabad High Court recently ruled against a father, Shiv Singh, who sought custody of his minor son and visitation rights through a habeas corpus writ petition. The child has been in the mother's care since birth, residing at her maternal home.

The court ruled that the father failed to prove that the mother's custody was unlawful. The court stated that the writ of habeas corpus is an extraordinary remedy and can only be invoked when the detention of a minor is illegal and against the child's welfare. The court acknowledged the father's claim that he was denied access to his son by the maternal grandfather. However, the judgment underscored that the child was born and raised in the mother's custody without evidence of illegal custody alteration or unlawful detention.

The high court asserts
"In child custody matters, habeas corpus proceedings may not be utilized to justify or examine the legality of the custody. The power of the Court in granting the writ is qualified only in cases where detention of a minor is by a person not entitled to his/her legal custody. For the exigence of a writ, it would be required to be proved that the detention of the minor child is illegal and without any authority of law, and that the welfare of the child requires that the present custody should be changed."

The court emphasized that habeas corpus is an extraordinary remedy, applicable only in cases of illegal detention or when the child's welfare necessitates a change in custody. The judgment clarified that this writ petition was not the appropriate legal avenue to examine or challenge the legality of the child's current custody arrangement. However, the court emphasized that the dismissal of the habeas corpus petition does not prevent the father from pursuing custody, guardianship, and visitation rights through appropriate legal channels in the future.

The court encouraged the father to initiate proceedings in the appropriate statutory forum to address those matters and not through the Writ of Habeas Corpus as such the court further empasised "In a child custody matter, a writ of habeas corpus would not be entertainable unless it is established that the detention of the minor child by the parent or others is illegal and without authority of law."

The court highlighted the paramount importance of the child's welfare in such cases, asserting that custody matters should prioritize the child's best interests above the parents' legal rights. While dismissing the father's habeas corpus petition, the court clarified that this decision doesn't impede the father's right to seek custody, guardianship, or visitation rights through appropriate legal channels and statutory forums.

Between: Shiv Singh Minor and another Vs The State of UP and 3 others

Hon'ble Justice Dr. Yogendra Kumar Srivastava,

Dated: 17.5.2024

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