Decision of high court for habeas corpus
Ankita Bora
(Querist) 26 February 2013
This query is : Resolved
My 1st husband died in 2010,in between us we have a son and now he is 5 1/2 yrs old.My 1st in-laws got me remarried and forcibly kept my child with him.My father-in-law tutored my child in such a way that now the child says he wants to stay with his grandfather. He bought very expensive toys and gifts for my child so as to make him against his mother. Now I'm filing a HABEAUS Corpus to get my child back, but I have a question :
1) If the child is produced before the court immediately when he comes,then will the court give decision on the same day as to where the child will stay i.e., with mother or grandfather & If the child shows some interest towards his grandfather, will the High court give decision for the child to stay with his grandfather ?
2) If the High court gives their decision after few days then where will the child stay during these days i.e., in the custody of the court or with Mother or with Grandfather ?
Devajyoti Barman
(Expert) 26 February 2013
The habeaus court can not give custody to you. It would only determine whether the child is in safe hands or not.
To get back your child filing civil suit under Guardian and WARDS Act is the only option.
R.K Nanda
(Expert) 26 February 2013
habeas corpus is not the right remedy.
file suit for custody of ur child in court
under GWA.
Raj Kumar Makkad
(Expert) 27 February 2013
Child custody should be obtained by filing a petition before family court of your area as that is your right.
