Constitution Of India,1950; Article 226- Maintainability of the habeas corpus petition in the matters of custody of minor child – No hard and fast rule can be laid down – Whether the writ court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case and the paramount welfare of the child – Referred to Nirmala v. Kulwant Singh 2024 INSC 370. (Para 15)
Summary: Allowing appeal of a father of child, SC observed: merely because of the unfortunate circumstances faced by the appellant as a result of which, respondents were given the temporary custody of the minor child and only because they looked after her for few years, the same cannot be a ground to deny the custody of the minor child to the appellant, who is her only natural guardian.