Child custody execution

Venkat (Querist) 27 July 2022 This query is : Resolved
Dear experts:

I was awarded guardianship and custody by Family Court in Hyderabad this week after a long custody battle with the mother (child is living with the mother). The court ordered the mother to handover the child to me within two months and also gave her visiting rights to visit the child every week. In this regard I would like to ask you:

If the mother does not comply, can I file Habeas Corpus petition in High Court or must I file a regular execution petition in the same family court that gave the order (which can take months to succeed if it all)? In the famous Tejaswini Goud vs. Shekar Prasad Tiwari, the Mumbai HC and the Honble SC did allow Habeas Corpus petition to be a suitable substitution to the execution petition since it is expeditious.

Thank you very much.
Venkat

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Quick Summary

Following a family court order granting custody, the user is seeking advice on how to proceed if the mother fails to hand over the child within the stipulated two months. They are inquiring whether a Habeas Corpus petition in the High Court is a viable and potentially faster option compared to a standard execution petition in the Family Court, citing a relevant legal precedent.

kavksatyanarayana (Expert) 05 August 2022
In my view yes. But you may consult your counsel and follow his advice.

Venkat (Querist) 06 August 2022
Thank you Sri. Satyanarayana.

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