Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India – Art. 32 Habeas Corpus Petition |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India – Art. 32 – Habeas Corpus Petition – For custody of minor children – Maintainability – Petitioner had married respondent no.6 and they have two minor children – Disputes between petitioner and respondent no.6 – Habeas Corpus Petition filed u/Art.32 by petitioner, a citizen of Spain, for custody of the two minor children who were living with respondent no.6 in India – Preliminary objection raised by respondent no.6 with regard to maintainability of the Habeas Corpus petition, particularly when a petition filed by the petitioner under the Guardians and Wards Act for custody of the children was pending before the trial court – Held: In the present case, the admitted facts being that respondent no.6 (mother) had the custody of the two minor children, for which the petitioner (father) had already filed a petition u/s.12 of the Guardians and Wards Act, which is pending consideration; and the custody of the children with the mother, who is a natural guardian, cannot be said to be illegal and, thus, the petition for habeas corpus would not be maintainable and that too directly u/Art.32 of the Constitution – The statutory remedy available under the Guardians and Wards Act is the appropriate remedy, which has already been availed by the petitioner – There are no extraordinary or exceptional circumstances in the present case requiring the Supreme Court to exercise its jurisdiction u/Art. 32 of the Constitution – The remedy already availed by the petitioner is an appropriate and effective remedy, where all the questions raised herein regarding the welfare and well-being of the children can be considered in accordance with law – Guardians and Wards Act, 1890 – s.12 – Family Law – Child custody. |
Judge | N/A |
Neutral Citation | 2021 INSC 367 |
Petitioner | Jose Antonio Zalba Diez Del Corral Alias Jose Antonio Zalba |
Respondent | The State Of West Bengal & Ors. |
SCR | [2021] 6 S.C.R. 767 |
Judgement Date | 2021-07-28 |
Case Number | 318 |
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