Habeas Corpus - The Legal Chamber

Deception in Court Backfires: Supreme Court Awards Custody to Father in Habeas Corpus Case

6Nov

By The Legal ChamberNo Comments

Supreme Court

Deception in Court Backfires: Supreme Court Awards Custody to Father in Habeas Corpus Case

This Supreme Court judgment underscores that the child's welfare is the paramount consideration in custody disputes, overriding parental legal rights. It affirms the use of habeas corpus for child custody, directing interim custody to the natural guardian while prioritizing a stable environment and ordering the initiation of proceedings under the Guardians and Wards Act, 1890. Facts Of The Case: The case involves a matrimonial dispute between Sandeep Kumar (father) and Latika Arora (mother) concerning their two children. In May 2021, the mother travelled to the UK with their daughter, 'Miss N', but left their son, 'Master K', in India with her parents without the father's knowledge or consent. The father, unaware of his son's whereabouts, initiated proceedings in the UK High ...

Supreme Court Strikes Down Kerala’s Preventive Detention Order: A Win for Personal Liberty

The Supreme Court of India, in Dhanyam v. State of Kerala & Ors., set aside a preventive detention order, emphasizing that such extraordinary power must be used sparingly and only in situations affecting "public order," not merely "law and order". The Court reiterated that if a detenu is on bail and allegedly violating conditions, the State should seek bail cancellation rather than resorting to preventive detention. Facts Of The Case: The appeal originated from a High Court of Kerala judgment dated September 4, 2024, which affirmed a preventive detention order issued on June 20, 2024, by the District Magistrate, Palakkad. The detenu, Rajesh, the appellant's husband, runs a registered lending firm named 'Rithika Finance'. The detention order, issued under Section 3(1) of the Kerala ...

Grounds for Arrest: The Supreme Court’s Latest Verdict on Constitutional Safeguards

The Supreme Court addressed the legality of arrest and compliance with constitutional mandates under Article 22, specifically concerning the prompt furnishing of grounds for arrest. The judgment deliberated on the application of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Prevention of Corruption Act, affirming adherence to due process in arrest procedures. Facts Of The Case: This appeal originated from a writ petition filed before the High Court of Andhra Pradesh, seeking a writ of habeas corpus on the grounds of alleged illegal arrest and unlawful detention of Kessireddy Raja Shekhar Reddy, the appellant's son. He was arrested by the CID in connection with offenses purportedly committed under the Indian Penal Code and the Prevention of Corruption Act. The core contention in t...