A writ petition was filed before the Madhya Pradesh High Court; concerning the custody of a two-year-old child. The Child is a citizen of the United States. The mother of the child filed the petition. The court while deciding the matter relied upon the principle of family law; stating that ‘the welfare of children is of paramount importance’. Moreover, the court opined that the writ of Habeas Corpus filed under Article 226 is maintainable in this particular case; the child has to be in the custody of his mother. The bench comprised of Justice SC Sharma.
Facts of the Case
The Petitioner’s husband obtained an ex-parte restraint order from the American Court. Being that, she left her matrimonial home. Subsequently, the husband executed a Power of Attorney and Authorisation in favor of his parents to take care of the child. Thereafter, the petitioner moved to the High Court seeking the custody of the Child.
Notably, the Respondents argued that the petition is not maintainable. However, the Court observed that it has an alternate remedy under the Guardians and Wards Act, 1890. It referred to the case of Cap. Dushyant Somal v. Sushma Somal. Thus, the court directed that the custody of the child shall be granted to the mother.