Custody of minor kids with mother cannot be construed as illegal confinement: Gujarat HC

Gujarat High Court while hearing a habeas corpus plea observed that “the custody of two minor children with the mother cannot be construed as illegal confinement or unlawful custody”. The mother as a natural guardian, has a right to custody of her two children.

The court remarked in the habeas corpus hearing where the husband had sought direction to produce minor children on the premise that they had been illegally confined by his wife. However, the court while dismissing the petition has kept it open for petitioner to initiate proceedings before appropriate court to seek children’s custody.

In the interaction with the high court, petitioner’s wife and two minor children stated that since they were not being treated properly, due to which they were forced to leave the marital home. The wife said that due to this issue, she is currently living with her parents along with the children. The wife contended that being the mother, she is lawfully entitled for of her two minor children, more so, when the husband is harassing her mentally and physically.

Following the high court's notice, the police secured the presence of the petitioner's wife and her two children before the court. The applicant husband had filed a petition seeking direction to produce the minor children allegedly confined by his wife.

(This story was taken from syndicated feed and was only edited for style by Gujarat Samachar Digital team)