Indore (Madhya Pradesh): The Indore bench of the Madhya Pradesh High Court dismissed a habeas corpus petition filed by a woman seeking custody of her six-year-old son. The court observed that the father, being the natural guardian, cannot be a suspect of illegal custody.
Reena Chouhan filed the petition, alleging that her husband, Yogesh Chouhan, took their minor son from her residence in her presence. She approached the high court seeking immediate custody of the child through a habeas corpus plea.
A division bench comprising Justice Vivek Rusia and Justice Alok Awasthi ruled that since the father is the natural guardian, the child’s custody with him does not amount to unlawful detention. The court noted that child custody matters require a detailed examination of evidence to determine the welfare of the child, an exercise that the court cannot undertake under writ jurisdiction.
During the hearing, the petitioner’s counsel informed the court that divorce proceedings between the parties are pending before a family court. Taking this into account, the bench granted liberty to Chouhan to seek appropriate relief regarding custody before the competent family court.
Disposing of the petition, the court noted that parties must resolve such family disputes through proper legal remedies where authorities can record and evaluate evidence, rather than through writ petitions under Article 226 of the Constitution. The court passed no order as to costs.
