Syed Saleemuddin vs Dr.Rukhsana & Ors on 19 April, 2001
In Syed Saleemuddin v. Dr. Rukhsana, 2001 (5)
SCC 247 affirming the principle held that in an application for
seeking 'habeas corpus' for custody of minor child, the court is to
ascertain whether the custody of the children can be said to be
unlawful or illegal and whether the welfare of the children requires
Patna High Court CR. WJC No.189 of 2022 dt.01-07-2022
18/34
that present custody should be changed and the children should be
left in care and custody of somebody else. The Apex Court
reiterated the principle that in a matter of custody of a child, the
welfare of child is of paramount consideration of the Court.