Indore: Woman files habeas corpus plea in HC for custody of minor son

Indore: Indore bench of Madhya Pradesh High Court on Monday issued notice to a Mumbai-based man following a habeas corpus petition by his Indorean wife seeking custody of her minor son.

Though Akanksha Shende made home department, Indore SP, Mumbai SP also respondents but the court ordered for serving the notice only on her husband Vishvas Shende.

Akanksha got married to Vishvas in 2013 and the child was born in 2017. In 2020, a marital discord occurred and a report was lodged by the petitioner against her husband and her in-laws.

Vishvas fled the house along with his minor child who is aged about two and a half years old. The petitioner informed the court that she tried to locate her husband and her child but to no avail.

The petitioner thereafter came back to her parental house in Indore and made a written complaint to One Stop Centre.

In the petition, she has stated that she being the mother of a minor child aged below five years, hence she should be handed over the custody of a minor child which is in consonance with the relevant provisions of law as per Hindu Minority and Guardianship Act, 1956.

Counsel of the government, Archana Kher objected to habeas corpus petition stating that alternative remedy is available.

Counsel of the petitioner, Himanshu Joshi submitted that these are extraordinary times, when the movements of people including that of petitioner are restricted due to Covid-19 pandemic situation and she being a lady has no one at Mumbai to help her seek alternative remedy at Mumbai therefore the petition under habeas corpus petition Article 226 is the only recourse available to her at the moment.

Justice Shailendra Shukla ruled: “In view of the submissions made, it would be in the fitness of things to issue notice only against the respondent No 5 (Vishvas) and after hearing him as well, further order shall be passed which would include the aspect relating to maintainability and admissibility of such petition.”

Next date for hearing in case has been fixed to November 10.

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