writ of habeas corpus

Udit (Querist) 10 April 2015 This query is : Resolved
Could a writ of habeas corpus be filed by the father for the interim custody of the 6 yrs old child in the high court of the state in which the child is living with his mother from the last 1 year.

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M/s. Y-not legal services (Expert) 11 April 2015
No..

writ of habeas corpus not maintabke for this purpose..

There is alternative remedy available for the same..

Just consult a local advocate..

Sudhir Kumar, Advocate (Expert) 11 April 2015
full facts are not there

Rajendra K Goyal (Expert) 11 April 2015
state full facts.

Advocate Bhartesh goyal (Expert) 11 April 2015
Yes writ petition is not maintainable as alternative remedy is available for this purpose.

Udit (Querist) 11 April 2015
Sir, what is the available alternative remedy.

Udit (Querist) 11 April 2015
As I want to file a case in the high court either for the interim or permanent custody of my son or for having visiting rights to my son. I also have a 4 yrs old daughter who is living with me and she cries a lot for meeting her brother. Is there any fast remedy available through any lower or higher court.

MANOJ HARIT (Expert) 11 April 2015
File proceedings before the family court.

M/s. Y-not legal services (Expert) 11 April 2015
for that only we are advising you to consult a local advocate..

Dr J C Vashista (Expert) 12 April 2015
Academic query.

Udit (Querist) 12 April 2015
Sir it is not an academic query. It is a real problem.

T. Kalaiselvan, Advocate (Expert) 12 April 2015
Even if it is real problem, writ of H.B is not maintainable. You have to go via another set of law in this regard with an application before the family court/district court.

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