Vivek Kumar Chaturvedi vs State Of U.P. 2025 INSC 159 - Habeas Corpus - Child Custody

Constitution of India - Article 226 - Habeas Corpus -There can be no hard and fast rule insofar as the maintainability of a Habeas Corpus petition relating to custody of minor children; which would depend on the facts and circumstances of each case. [In this case, the father is seeking custody of the child from the grand-parents - In appeal, SC observed: son. The father, the natural guardian is well employed and educated and there is nothing standing against his legal rights; as a natural guardian, and legitimate desire to have the custody of his child- There is no allegation of any matrimonial dispute when the mother of the child was alive nor a complaint of abuse perpetrated against the wife or son - The welfare of the child, in the facts and circumstances of this case, would be best served if custody is given to the father.]