In Brief
A two-year-old girl's custody was disputed after her mother died by hanging. The father and paternal grandparents sought a Habeas Corpus order from the High Court to recover the child from the maternal aunts. The Supreme Court set aside the High Court's order, holding that while the custody might technically be illegal, a Habeas Corpus petition is not the appropriate forum for custody disputes involving minors. The paramount consideration is the child's welfare. The Court ruled that Family Courts, better equipped to assess children's interests, should decide custody under the Guardians and Wards Act. Pending proper proceedings, the child will remain with the maternal aunts while the father and grandparents are permitted supervised visits fortnightly to maintain the child's developing relationship with them.
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