I filed an IA under section 26 of hindu marriage act 1955 to get interim visitation rights to see my minor child who is 2 years old. I got an interim order successfully on 20th December 2025, the Hon'ble Court allowed me to see my son on every Sunday between 11 AM to 03 PM. But respondent not comply the order till now. I already filed an IA under section 28a of hindu marriage act 1955 to enforce the interim visitation order and court directed the respondent to comply with the order, but still respondent is not obeying. The enforcement IA is going on and not yet disposed.
I got order nearly 4 months ago but till now I'm unable to see my minor child. It is really frustrating for me. My advocate suggested another remedy through high court.
My advocate is saying you can file a Writ of Habeaus Corpus by mentioning that minor child is illegally detention by the mother. The father is already having interim visitation order and family court directed respondent to follow the order but respondent not obeying. This behavior of respondent is raising questions and concerns about minor child. He is saying that, in petition we will mention like we are having a doubt whether the minor child is really exists with mother or not? If there, where is the minor child now? Is minor child health condition is fine? Is hiding child from father is nothing but illegal detention and it will effect father and child relationship.
So, here my question is, in these circumstances filing of writ of Habeaus Corpus will work or not? If it will work, can you mention above points in the petition?What is the correct way to prepare Writ of Habeas Corpus? Is Writ of Habeas Corpus maintainable when mother is having custody of minor child?
