Writ Of Habeas Corpus Can Be Issued When The Detention Of A Minor Is By A Person Who Is Not Entitled To His Legal Custody: SC [Read Judgment]

Ashok Kini

7 May 2019 5:29 PM IST

"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."

The Supreme Court has observed that the writ of habeas corpus is maintainable where it is proved that the detention of a minor child by a parent or others was illegal and without any authority of law. The bench comprising Justice R. Banumathi and Justice R. Subhash Reddy affirmed a Bombay High Court judgment that directed the relatives of a deceased mother to hand over the custody...

Writ Of Habeas Corpus Can Be Issued When The Detention Of A Minor Is By A Person Who Is Not Entitled To His Legal Custody: SC [Read Judgment]

Ashok Kini

"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."

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