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Sayeed Nazir (Marketing Manager)     08 April 2013

Guardian & wards act - section 25(2) under chapter iii

Hello All, I have won 2 separate case's as party in person ( & 2. is Custody under sec.25 of Guardians and wards) in Session case for my sweet 8 years old female daughter. Both cases are exparte degree judgments given by Principal District Judge, now iam seriously ready to file another case under 25 sec (2) of Guardian & Wards act, to issue warrant of arrest to the ward as i have been the legal guardian of my child, and handover the child to me, I want to ask u, Is it the correct way or any other alternate way is available, to take custody of my child, if so pls suggest, secondly after taking custody of my child to me, if my ex.wife files Habeaus corpus in High court against my child, will it be allowed or dismissed, also humbly requesting to say me is their any defending methods to stop the heabus Corpus petition in the intial stage itself, pls pls pls help me .....


 2 Replies

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.

2 Like

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.





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