The parties' rights cannot be allowed to override the child's welfare.

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Facts of the Case:

In Somprabha Rana & Ors. vs. The State of Madhya Pradesh & Ors., the case concerned the custody of a minor female child whose mother passed away under suspicious circumstances. The maternal grandparents and aunts took the child without the father's consent, following the mother's death. A habeas corpus petition was filed, leading to a custody dispute.

The Supreme Court emphasized that child welfare is paramount in custody cases. It ruled that habeas corpus cannot be used solely to decide custody without considering the child's welfare. The Court set aside the High Court's order, which had granted custody to the father based purely on his legal right as a natural guardian.

The Supreme Court held that ,when the Court deals with the issue of Habeas Corpus regarding a minor, the Court cannot treat the child as a movable property and transfer custody without even considering the impact of the disturbance of the custody on the child. Instead, the Court directed the parties to pursue the matter through the Guardians and Wards Act, 1890 in a Family Court, where frequent interaction with the child, expert involvement, and proper assessments could be made.

The Court summarised the principles regarding habeas corpus as follows :

• Writ of Habeas corpus is a prerogative writ. It is an extraordinary remedy. It is a discretionary remedy

• The High Court always has the discretion not to exercise the writ jurisdiction depending upon the facts of the case. It all depends on the facts of individual cases;

• Even if the High Court, in a petition of Habeas Corpus, finds that custody of the child by the respondents was illegal, in a given case, the High Court can decline to exercise jurisdiction under Article 226 of the Constitution of India if the High Court is of the view that at the stage at which the Habeas Corpus was sought, it will not be in the welfare and interests of the minor to disturb his/her custody;

• As far as the decision regarding custody of the minor children is concerned, the only paramount consideration is the welfare of the minor. The parties' rights cannot be allowed to override the child's welfare. This principle also applies to a petition seeking Habeas Corpus concerning a minor

When the Court deals with the issue of Habeas Corpus regarding a minor, the Court cannot treat the child as a movable property and transfer custody without even considering the impact of the disturbance of the custody on the child. Such issues cannot be decided mechanically. The Court has to act based on humanitarian considerations. After all, the Court cannot ignore the doctrine of parens patriae.