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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.
Supreme Court of India Cites 4 - Cited by 106 - D P Mohapatra - Full Document

Tejaswini Gaud vs Shekhar Jagdish Prasad Tewari on 6 May, 2019

18. On the basis of our preceding analysis, we hold that this writ petition for habeas corpus is maintainable in law, in view of Nithya Anand Raghavan (supra) and Tejaswini Gaud (supra). The jurisprudence on this score is well-settled now. Although, as recorded hereinabove, we have examined the law on the subject, in view of the instant judgement, particularly the arrangement being consented to by the petitioner and the respondent no.8, we refrain from expressing any opinion qua the rival factual contentions on merits.
Supreme Court of India Cites 42 - Cited by 176 - R Banumathi - Full Document
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