Mother leaving child with grandparents not illegal detention; father cannot use habeas corpus to claim custody: Gujarat High Court

In a significant judgement which defined the boundaries of habeas corpus in matters of child custody, the Gujarat High Court said that decision of a working mother to leave her minor daughter in the care of her parents is not a case of illegal detention or illegal confinement. The Court made it clear that such a disposition in the interest of the upbringing and welfare of the child cannot be questioned by a writ of habeas corpus, simply because the father does not like the decision.

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