-0.8 C
New York
Tuesday 30 November 2021

Buy now


HomePoliticsIndiaCustody of child born out of live-in: A soldier's travails

Custody of child born out of live-in: A soldier’s travails

The ex-Army man filed a habeas corpus plea in Delhi High Court seeking custody of his minor daughter, born out of a live-in relationship


New Delhi: An ex-Army man has failed to get the custody of his minor daughter, born out of a live-in relationship he had in Assam, as the Delhi High Court said it did not have the jurisdiction to entertain the plea.

The High Court said since the minor was born in Assam and is presently in the custody of her maternal grandmother and aunt, he can approach the Guwahati High Court for relief.

The former Army man has two children from his live-in partner who died in 2015 due to some serious complications during her third pregnancy.

A son born out of his live-in relationship resides with the man and his wife in Delhi.

A bench of Justice Siddharth Mridul and Justice Brijesh Sethi said it was not inclined to entertain the for habeas corpus since the minor girl whose custody was sought resides in Guwahati beyond the territorial jurisdiction of this court.

The man visited his daughter in January along with his lawyer and asked for her custody which was declined by the minor’s relatives, his said and added that no action was taken by authorities even after he filed a police complaint.

Thereafter, he filed a habeas corpus plea in the Delhi High Court seeking custody of his minor daughter.

A habeas corpus is filed for producing before a court a person who is under arrest or in unlawful custody.

The man’s counsel submitted that this court ought to exercise its plenary power under Article 226 of the Constitution, and allow the habeas corpus petition, directing the girl’s relatives to handover her custody to him.

The bench said there can be no quarrel with the position in law that a habeas corpus seeking custody of a minor child is maintainable under Article 226 of the Constitution.

However, in this case, the court exercising territorial jurisdiction over the minor has to be the court where she ordinarily resides.

The court granted liberty to the man to approach the Guwahati High Court for relief.

Sirf News needs to recruit journalists in large numbers to increase the volume of its reports and articles to at least 100 a day, which will make us mainstream, which is necessary to challenge the anti-India discourse by established media houses. Besides there are monthly liabilities like the subscription fees of news agencies, the cost of a dedicated server, office maintenance, marketing expenses, etc. Donation is our only source of income. Please serve the cause of the nation by donating generously.

Support pro-India journalism by donating

via UPI to surajit.dasgupta@icici or

via PayTM to 9650444033

#HinduAasthaFreed: #Uttrakhand govt has announced that it will withdraw the contentious #CharDham Devasthanam Bill.

Listen in to these reactions.

Amir gives us more details.

Most of these are the Richest of the rich and the most privileged. While out of fear the continue to cheer the sniffling of democracy in India and atrocities on the weak..they migrate to nations where democracy is robust, and rule of law is Supreme.

Ashok Swain@ashoswai

In the last 4 years, 600,000 Indians have given up their Indian passports.

NEET PG Reservation: Several Similar Cases Pending Before SC, Kerala High Court Directs Petitioner To Confirm If They Are Identical Issues @hannah_mv_ https://www.livelaw.in/news-updates/neet-pg-reservation-several-similar-cases-pending-before-sc-kerala-high-court-directs-petitioner-to-confirm-if-they-are-identical-issues-186635

অভিনেত্রী কঙ্গনা রানাউত সোমবার বিদায়ী টুইটার সিইও জ্যাক ডরসিকে বিদায় জানিয়েছেন 'চাচা' বলে সম্বোধন করে। কেন 'চাচা'?

সব খবর সবার আগে: http://www.tv9bangla.com

#KanganaRanaut | #JackDorsey | #TwitterCEO | #Bollywood

Read further:

This site uses Akismet to reduce spam. Learn how your comment data is processed.

- Advertisment -



%d bloggers like this: