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, father allegedly took the children forcibly at gunpoint, and since then, they had been residing with him. The mother approached the High Court claiming that the children were in “illegal detention” and sought their custody through a writ of habeas corpus.

However, respondents contended that custody disputes between parents are civil in nature and should be adjudicated under Guardians and Wards Act, not under Article 226. They further argued that no prior remedy had been sought by the mother before the competent court.

Court examined the scope of habeas corpus jurisdiction in custody matters and relied on SC’s decision in Tejaswini Gaud vs Shekhar Jagdish Prasad Tewari wherein SC held that “in child custody matters, the writ of habeas corpus is maintainable where it is proved that the detention of a minor child was illegal and without any authority of law.”

Court also noted that in child custody matters, the ordinary remedy lies only under the Hindu Minority and Guardianship Act or the Guardians and Wards Act.

While addressing whether forcible removal of a child by one parent constitutes illegal detention, Court analyzed Section 361 IPC and clarified that kidnapping from lawful guardianship arises only when a person who is not a lawful guardian removes the child.

Applying these principles, Court noted that the children had been living with the father since 2022, were above 5 years of age, and no exceptional circumstances were shown to establish that their custody was illegal or harmful.

Accordingly, High Court held that habeas corpus petition was not maintainable and the petition was dismissed.