Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950-Article 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950-Article 226-Writ of habeas corpus sought by father for custody of minor child-Child staying with mother and maternal grand-parents-High Court finding the child to be in good condition allowed the mother to retain custody, until and subject to the order, if any, passed by the competent civil court-On appeal, held: Paramount consideration is welfare of the child and not legal right of either parties-Medical reports do not show the mother to be suffering from any serious medical ailment, as alleged-Maternal grandfather being well-educated and financially sound can look after the needs of the child and the mother-Maternal grandmother also there to look after the child, if required-Father being lawyer is too busy-No reason to disturb present custody of the child-Guardians and Wards Act, 1890-Sections 7 and 17. In a writ of habeas corpus, Appellant, a practicing Advocate in Supreme Court, sought custody of his daughter, who was staying with his wife and parents-in-law (Respondents I and 2) on grounds that his daughter was abducted by Respondents 1 and 2 and that his wife was suffering from a mental ailment. High Court, upon seeing and observing the child found her to be in a good condition, and accordingly held that appellant's wife could continue to retain custody of the child, until and subject to the order, if any, passed by the competent Civil Court. Appellant was permitted to seek remedy for establishing his right of guardianship in Civil Court. In appeal to this Court, the appellant contended that his wife was suffering from serious mental disorder of paranoid schizophrenia for almost two decades, and the life and health of the child would not be safe, if she is allowed to remain in her custody. He further submitted that his mother will be living with him and she will be able to look after the child. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 237 |
Petitioner | Rajesh K. Gupta |
Respondent | Ram Gopal Agarwala And Ors. |
SCR | [2005] 3 S.C.R. 946 |
Judgement Date | 2005-04-28 |
Case Number | 633 |
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