Writ of habeas corpus cannot be issued against mother

Writ of Habeas Corpus cannot be issued against the natural mother: MP HC

Writ of Habeas Corpus cannot be issued against the natural mother

The Madhya Pradesh High Court in the case of ‘Sanjana Sovia vs State of Madhya Pradesh’ held that; we cannot issue the writ of habeas corpus against the natural mother when the adoptive mother claims custody. The said matter does not fall under the writ jurisdiction of the high court under article 226 of the constitution of India.

Facts of the case-

The appellant contends that she had taken the child in adoption after executing the adoption deed. The respondent gave the custody of the child to the appellant after the execution of the deed. The respondent took the child for playing with him and she never returned the child.

So, the appellant approaches the high court for the issuance of the writ of habeas corpus against the mother for the restoration of the child to the adoptive mother.

Court held that-

  • The matter involving such disputes does not fall under the purview of the writ jurisdiction of the high court under article 226.
  • The writ of habeas corpus cannot be issued against the natural mother in such matters.
  • Hence, the petition is lacking merits and stands dismissed.

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