VidhiSangh

Supreme Court of India · 28/07/2021

JOSE ANTONIO ZALBA DIEZ DEL CORRAL ALIAS JOSE ANTONIO ZALBA versus THE STATE OF WEST BENGAL & ORS.

[2021] 6 S.C.R. 767 · 2021 INSC 367

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Summary

The Court declined a father’s direct Article 32 habeas corpus request for custody of his two children, who were living with their mother. A custody proceeding under the Guardians and Wards Act was already pending and provided an effective forum for evidence about the children’s welfare. The mother’s custody was not shown to be illegal, and no exceptional circumstance justified intervention. The custody court was requested to decide the pending case expeditiously, preferably within six months of the specified filing.

Issues

  1. Whether a direct habeas corpus petition was maintainable when lawful maternal custody was already being challenged through an effective statutory proceeding.

Provisions considered

Held

Result

Writ petition dismissed on maintainability; expedited determination of the pending statutory custody case requested, preferably within six months of the specified filing.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 767.