Punjab & Haryana High Court: Habeas Corpus Cannot Replace Custody Proceedings Under Guardians and Wards Act

The Punjab & Haryana High Court has ruled that a habeas corpus petition cannot be used as a substitute for custody proceedings under the Guardians and Wards Act, 1890.

It cautioned against using the writ as a shortcut to bypass proper statutory forums, stressing that its exercise is limited to exceptional cases where jurisdictional facts are clearly met.

The Court emphasised that habeas corpus is a remedy for illegal detention, not for resolving complex child custody disputes between parents.

The court directed parties to seek relief through appropriate family courts, ensuring the child’s welfare remains the paramount consideration.

[Veerpal Kaur v State of Punjab and others]