Primary Object of Habeas Corpus Petition For Child’s Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced

Case: Rajeswari Chandrasekar Ganesh v. State of Tamil Nadu And Ors.

Coram: Justices A.M. Khanwilkar and J.B. Pardiwala

Case No.: Writ Petition (Criminal) No. 402 of 2021

Court Observation: “…the employment of the writ of Habeas Corpus in child custody cases is not pursuant to, but independent of any statute. The jurisdiction exercised by the court rests in such cases on its inherent equitable powers and exerts the force of the State, as parens patriae, for the protection of its minor ward, and the very nature and scope of the inquiry and the result sought to be accomplished call for the exercise of the jurisdiction of a court of equity. The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced.”

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