High Court

Prayagraj, June 29 (HS). In its important decision, the Allahabad High Court has said that the habeas corpus petition is a privileged process to secure the liberty of a person by getting him freed from illegal or improper custody immediately. The court said that keeping a minor in custody by a person who has no legal right to him will be considered illegal custody of the child.

The court said that even in Muslim law, a mother has the right to get custody of a child below the age of seven years and with this the court handed over the custody of the child living with his grandmother to his mother.

This order was given by Justice Dr. Y K Srivastava while disposing of the habeas corpus petition of Ayra Khan, filed on behalf of petitioner number two mother, a resident of Prayagraj.

Petitioner no. 2 left the house on 8 September 23 after a dispute with her husband. At that time her daughter petitioner no. 1 Ayra was two years old. Her father (husband of petitioner no. 2) went abroad leaving the child in the custody of her grandmother. This petition was filed by the mother of the child to free the grandmother from illegal detention and custody of the child was demanded. The child was produced in the court. On the orders of the court, the custody of the child petitioner no. 1 was handed over to her mother.

The Court, while considering the Muslim law and the right to custody of a child, said that if someone who does not have the legal right to custody of a child keeps the child in his custody, it would be treated as illegal detention.

The court said that the parties can file proceedings for appropriate relief under the law for the guardianship or custody of the child or the right to meet him.