Sayeed Nazir (Marketing Manager) 08 April 2013
Adv Archana Deshmukh (Practicing Advocate) 08 April 2013
File for execution of the judgment of the dist. court. Summons shall be issued to your wife. If she does not appear and hands over the custody of your daughter to you then you can pray for warrent, then the police will help you in getting the actual physical custody of the child. There is nothing wrong in getting a warrant issued against the child, bcoz sometimes if the other spouse does not comply with the court's decision then, this is the only remedy left. There is no question of heabus corpus, bcoz here the custody of the child will be handed to you in execution of the warrant issued by the court, so where is the question of illegal detention? But as you have obtained ex parte decree then, great possibility is there that your wife will file a petition for setting aside of ex parte decree.
Chetan Joshi (Advisory/Advocacy) 08 April 2013
File an execution petition first and then the warrant.
Habeaus corpus shall not be maintainable in the light of legality of custody.