NDLI: Tejaswini Gaud and Ors. Vs. Shekhar Jagdish Prasad Tewari and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss. 6 natural guardian 13 1956 Writ of habeas corpus Hindu Minority and Guardianship Act Custody of a minor child father
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hindu Minority and Guardianship Act, 1956 (32 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Hindu Minority and Guardianship Act, 1956: ss. 6, 13 – Custody of a minor child – Writ of habeas corpus – Maintainability of – On facts, father filed habeas corpus petition seeking custody of minor child from the appellants-uncle and aunt of the minor child – High Court directed issuance of writ of habeas corpus directing the appellants to hand over the custody of the minor child to the father – Justification of – Held: Appellants are the sisters and brother of the mother of the child who do not have any authority of law to have the custody of the minor child – As per s. 6, the father is a natural guardian of the minor child and has the legal right to claim the custody of the child – Father is the only natural guardian alive and has neither abandoned nor neglected the child – Child went into the custody of the appellants in unavoidable conditions, that is due to illness of his mother and father – Merely because, the appellants being the relatives took care of the child for some time, they cannot retain the custody of the child – If no custody is granted to the first respondent, the court would be depriving both the child and the father of each other’s love and affection to which they are entitled – As the child is in tender age i.e. 1½ years, her choice cannot be ascertained at this stage – Keeping in view the welfare of the child and the right of the father to have her custody and after consideration of all the facts and circumstances of the case, the High Court was right in holding that the welfare of the child would be best served by handing over the custody of the child to the father – However, till the child settles down in the atmosphere of the father’s house, the appellants to have visitation rights – Order of the High Court is upheld subject to the said directions. Writ: Writ of habeas corpus – Maintainability of, in child custody matters – Held: 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 – Writ extends its influence to restore the custody of a minor to his guardian when wrongfully deprived of it – In child custody matters, the power of the High Court in granting the writ habeas corpus is qualified only in cases where the detention of a minor by a person who is not entitled to his legal custody – In such matters, the ordinary remedy lies only under the Hindu Minority and Guardianship Act or the Guardians and Wards Act as the case may be – It is only in exceptional cases, the rights of the parties to the custody of the minor would be determined in exercise of extraordinary jurisdiction on a petition for habeas corpus.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 630
Petitioner	Tejaswini Gaud And Ors.
Respondent	Shekhar Jagdish Prasad Tewari And Others
SCR	[2019] 7 S.C.R. 335
Judgement Date	2019-05-06
Case Number	838

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Tejaswini Gaud and Ors. Vs. Shekhar Jagdish Prasad Tewari and Others

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Tejaswini Gaud and Ors. Vs. Shekhar Jagdish Prasad Tewari and Others

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