Allahabad HC: Father as Natural Guardian Not Liable for ‘Illegal Detention’ of Child Unless Court Order Violated; Habeas Corpus Not Maintainable in Custody Disputes.
In Anjali Devi & ors vs. State Of U.P. & ors, Allahabad HC dismissed the habeas corpus petition filed by a mother seeking custody of her 2 minor children, alleging illegal detention by the father. Court observed, “The father, being a natural guardian, cannot be said to have taken the minors out of lawful guardianship so as to attract any criminality.”The facts of the case reveal that marriage between the parties was solemnized in 2010, and two children were born out of the wedlock. Due to matrimonial discord, mother was allegedly driven out of the matrimonial home. In June 2022,...
