Himachal Pradesh High Court Clarifies Scope of Habeas Corpus in Child Custody Matters

The Himachal Pradesh High Court ruled that a writ of Habeas Corpus is not the appropriate remedy in child custody disputes between parents.

In a case involving a child relocated from Thailand to India, the Court clarified that this extraordinary writ is intended for cases of illegal detention, not for settling matrimonial conflicts where the child's whereabouts are known.

The Bench emphasized that such disputes should be adjudicated by a competent Guardian Court under specific statutes.

Since the mother’s location was known and the child was not 'unlawfully detained' by a third party, the High Court declined to exercise its writ jurisdiction.

[Himanshu Dilip Kulkarni v. State of Himachal Pradesh & Ors.]