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Habeas Corpus
2024 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — S. 20 — Civil suit — Maintainability — Issue of territorial jurisdiction — Adjudication of, as preliminary issue
Supreme Court closes Habeas Corpus proceedings against Jaggi Vasudev’s Isha Yoga Centre
The matter revolves around a habeas corpus petition filed in the Madras High Court by a father who alleged that Isha Foundation is engaging in manipulative practices, effectively brainwashing individuals and making them monks.
Supreme Court sets aside MP High Court order transferring toddler’s custody from maternal aunts to father; Allows father and grandparents to meet child once a fortnight
Supreme Court said that this is not a case where custody of the child can be disturbed in a petition under Article 226 of the Constitution of India.
‘Identity and autonomy of adult woman are not defined by her relationships/familial obligations’; P&H HC dismisses habeas corpus petition to release 30-year-old woman to her father
It is crucial to reaffirm that an adult woman, like any other citizen, possesses the right to be treated as an independent and autonomous individual, free from coercion and undue influence.
‘Child who does not get mother’s love may be unaffectionate and uncaring in his life’; Punjab and Haryana HC directs father to hand over minor son’s custody to mother
Since there was no order passed by any court for handing over the custody of the child to the father, so custody of the minor child at this tender age by the father cannot be considered as legal.
Parental love or concern cannot interfere with an individual’s right to choose whom they wish to marry: Kerala HC
Kerala High Court noted that the woman is well-employed at NATPAC, Thiruvananthapuram, and is about 27 years old
Madras High Court refuses to transfer 3-year-old son’s custody to biological mother; Grants her liberty to visit him once a week
Madras High Court closed the Habeas Corpus Petition with a liberty to the petitioner to visit her minor child at the house of the respondent 5, once a week
Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC
“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”
Personal law to be applied consistently with Guardians and Wards Act; Allahabad HC dismisses habeas corpus petition in custody case
The writ of habeas corpus is a prerogative writ and an extraordinary remedy. It is a writ of right and not a writ of course and may be granted only on reasonable grounds or probable cause being shown.
Exigence of writ of habeas corpus by husband to regain his wife would be rare and not available as a matter of course: Allahabad HC
Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law
HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Pepsico Potato chips battle; Right of convict to procreate; Manual scavengers; and more
A quick legal roundup to cover important stories from all High Courts this week.
Supreme Court sets aside Telangana HC’s judgment directing handing over minor daughter’s custody to mother in a Habeas Corpus petition
Supreme Cour refused to interfere with the High Court’s direction granting liberty to the father to file appropriate application in terms of Section 24 of the Guardians and Wards Act, seeking custody and visitation rights before the Family Court.
[Habeas Corpus] Detainee illegally confined by parents over her relationship with a transgender man to be taken to the place of her choice: Rajasthan HC
“The petitioner stated that is manifestly clear that the detainee’s life and well-being is in imminent danger and the respondents has failed to protect the detainee’s right under Article 21 of the Constitution, including her right to personal liberty.”
Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
No mental stability examination in habeas corpus petition for mother daughter duo alleged of influence under black magic: Gujarat HC
“Practicing black magic can be a personal choice, and the Court cannot delve into such issues in a habeas corpus petition”.
Explained| Supreme Court verdict on requirement of public declaration for soleminisation of self-respect and secular marriages
Supreme Court said that while acting as counsel or advocates or in their capacity as advocates, the advocates cannot undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.
‘Habeas Corpus is a writ of right and not writ of course, cannot be issued to trace out missing persons’: Orissa HC
“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.
Punjab and Haryana High Court allows Father to live with Daughter, says ‘Father-daughter relationship much older than one with daughter-in-law’
Punjab and Haryana High Court allowed the petitioner to meet her father-in-law once a week for 1 hour.
Decoding Supreme Court verdict on V Senthil Balaji’s plea in Cash for Job Scam case
Supreme Court held that the words “such custody” occurring in Section 167(2) of the CrPC, 1973 would include not only police custody but also that of other investigating agencies.