MP High Court Dismisses Father's Habeas Corpus Plea Seeking Child Custody

The MP High Court dismissed a habeas corpus petition filed under Article 226 by a US-based father seeking custody of his 10-year-old minor son living in India with his mother. 

The petitioner relied on a New Jersey divorce decree granting him sole custody. The Court clarified that a foreign court’s order cannot render the mother’s custody illegal and emphasised that the petitioner has an alternate remedy under Sections 13, 14, and 44A of the CPC and the Guardians and Wards Act, 1890.

The Court disposed of the writ petition, but allowed the father to request visitation rights, leaving the decision to the mother’s discretion.