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Rakesh Bansal vs State Of Punjab And Others on 18 October, 2024 cites

Yashita Sahu vs The State Of Rajasthan on 20 January, 2020

7. In the present case, there is no dispute about the fact that respondent No. 5-Jyoti 5 Bansal is the mother of alleged detenue Tarun @ Polu, Polu who was born out of the wedlock of the petitioner and respondent No. 5. 5 Hence, it cannot be stated that his custody with respondent No. 5 is illegal in any manner. There is nothing on record to show that after respondent No. 5 separated from the petitioner, he had filed any appropriate petition before a competent Court of law seeking custody of the minor child and was either given his custody or was given some visitation rights rights,, so that it can be stated that by separating the child from the petitioner petitioner or denying his visitation rights, respondent No. 5 has defied the said order. So far as the ratio of law laid down in Yashita Sahu's Sahu case (supra) and Tejaswini Gaud Gaud's 's case (supra) is concerned, the same is not disputed at all. However, the same iiss not applicable to the peculiar facts and circumstances of the present case.
Supreme Court of India Cites 6 - Cited by 151 - D Gupta - Full Document

Mandeep Kaur vs State Of Punjab on 25 July, 2022

In support of his arguments, learned counsel for respondent No. 4 has relied upon judgment of this Court rendered in CRWP-8319-2020, CRWP 2020, titled as Mandeep Kaur vs. State of Punjab and others, decided on 10.05.2021, besides placing reliance upon Anmol 3 of 7 ::: Downloaded on - 24-10-2024 06:42:43 ::: Neutral Citation No:=2024:PHHC:136868 CRWP-9429 9429-2023 (O&M) -4-
Punjab-Haryana High Court Cites 18 - Cited by 3 - G S Gill - Full Document

Pavan Kumar Kathuroju vs State Of Telangana on 27 September, 2023

6. No doubt, this Court while dealing with a petition for issuance of a writ of habeas corpus with regard to custody of a minor child may direct return of the child or decline to change the custody of the child keeping in mind all the attending facts and circumstances circumstances. However, such decision must depend on the totality of the facts and circumstances of each case brought before the Court. A writ of habeas corpus in child custody matters can be invoked only in those cases where the person having th the child is not entitled to his/her her legal custody. In child custody matters remedy lies only under Guardianship and Wards Act and it cannot be bypassed by filing a habeas corpus petition unless the corpus of the child is in illegal or unauthorized custody. Reliance in this this can be placed upon Pavan Kumar Kathuroju v State of Telangana, 2024 SCC OnLine SC 31.
Supreme Court - Daily Orders Cites 0 - Cited by 0 - Full Document

Nirmala vs Kulwant Singh on 21 November, 2022

Reliance can also be placed upon the authority cited as Nirmala vs. Kulwant Singh and others : 2024 AIR Supreme Court 23445, 23445, wherein Hon'ble Supreme Court, while relying upon Yashita Sahu's Sahu case (supra) has held that the habeas corpus is a prerogative writ which is an extraordinary remedy and recourse to such a remedy should not be permitted unless unless the ordinary remedy provided by the law is either not available or is ineffective. It has been held that in child custody matters, the power of the High Court in granting the writ is qualified only in cases where the detention of a minor is by a person who ho is not entitled to his legal custody and in child custody matters, the writ of habeas corpus is maintainable only where it is proved that the detention of a minor child by a parent or others was illegal and without any authority of law.
Supreme Court - Daily Orders Cites 0 - Cited by 0 - Full Document
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