In Brief
A father sought custody of his minor child from others holding the child through a writ of habeas corpus under the Constitution. The High Court ordered the child be handed to the father as the surviving natural parent and in the child's best interest. The Supreme Court affirmed this decision, holding that the father, as the natural guardian, could invoke Article 226 for custody restoration. The Court confirmed that child welfare is paramount and that when a natural parent's guardianship serves the child's best interests, custody should be restored to that parent under the Hindu Minority and Guardianship Act, 1956.
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