In Brief
A father sought custody of his minor daughter who was left in the care of his deceased wife's sisters following the mother's death from COVID-19. The High Court dismissed his habeas corpus petition under Article 226, directing the parties to approach the family court. The Supreme Court reversed this decision, holding that a natural guardian father is entitled to invoke habeas corpus to recover his child. The Court observed that temporary custody with relatives due to extraordinary circumstances does not deprive the father of his custodial rights. Emphasizing the child's welfare and right to live with her natural family, the Court directed immediate return of the child to the father while permitting supervised visitation for the aunts.
The lawyer headnote and full judgment text are available to registered users.