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498a warrior (self)     17 November 2016

Review petition after habeas corpus dismissed

Hello experts

I filed a Habeas Corpus Petition in High Court for production of my children who were abducted by my ex-wife from past few years. Unfortunately it was dismissed. 

I beleive the court did not take into consideration a number of submissions, and the arguments were not adequately done.

Can I file a review petition in the same court for re-hearing by engaging a different counsel? OR appealing in Supreme Court is the only option left?

thanks in advance!



Learning

 3 Replies

Mukesh sharma (job )     17 November 2016

Hi if court give your child custody to your ex- wife than how you file habeas- corpas rit 

she only hold your child custody not other any 

so if you want them back than you need to file application in court for custody your child and you nedd to convince court that you will better take care of them 

so apply for custody your child 

thanks

498a warrior (self)     18 November 2016

Hi Mukesh

Thank you sir for replying. Please understand that she never got any court orders for custody of the children. She simply have the physical and forceful custody of the children, and had illigally taken our children abroad with her without my consent.

We are simply asking to produce the children before the court to ensure their welfare and safety. Naturally the custody of the children will be decided by the Family Court.

So going back to my original question - can I file a review petition before the same bench in High Court for a review and re-hearing (based on the grounds I briefly stated in previous post)?

Regards

Kabeer

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

You can file review petition by engaging another advocate.  If review petition is also dismissed, you can approach the SC.

But, your case is facing inherent problems.  The children are in the custody of your wife, which fact you know.  In such circumstances, habeas corpus petition does not lie, as it being extraordinary writ jurisdiction and it cannot be invoked when efficacious alternative remedy is available to the petitioner, like filing custody case.  Habeas corpus writ lies in different set of facts and in different conditions.


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