A father’s habeas corpus plea seeking the production of his children who live with their mother was dismissed by the Calcutta High Court on Wednesday. The court reasoned that in cases concerning child custody, the ordinary remedy under the Guardians and Ward Act should be pursued instead.
The Justices Tapabrata Chakraborty and Partha Sarathi Chatterjee presiding over the case noted that there was an ongoing matrimonial dispute between the petitioner and his wife, and both parties had levelled allegations that needed to be examined based on evidence. The court also pointed out that there were significant differences between the enquiry conducted under Act VII and the exercise of powers by a writ court, which is summary in nature.
The petitioner claimed that his wife, along with their children and his in-laws, left their matrimonial home in Hyderabad to attend a wedding ceremony, but his wife deboarded the train with the children without informing him. The petitioner alleged that his wife and children were currently missing.
In the case of Sri Saikat Ghosh versus State of West Bengal and others, the Calcutta High Court dismissed a habeas corpus petition where the father sought the production of his children residing with their mother. The court noted that a matrimonial dispute existed between the parties, and there was no evidence to suggest that the wife and children were being unlawfully detained. Additionally, the court observed that the welfare of the children did not appear to be at risk based on the presented materials and documents. As a result, the court dismissed the plea, even though the petitioner had previously approached the Child Welfare Committee without any action taken.
Source: https://lawtrend.in/calcutta-hc-dismisses-habeas-corpus-plea-after-observing-its-a-case-of-marital-dispute-and-not-of-illegal-detention/
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Hindu Marriage Act 1955