Habeas corpus for child custody in high court

Querist : Anonymous (Querist) 11 March 2020 This query is : Resolved
Hi Experts,

My wife eloped with her boyfriend with our 2 year old kid. And after filing an missing FIR, she returned after 20 days.
Now she is living with some relative.

Can I file a writ habeas corpus for child custody in high court

Thanks and Regards,
Karan

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Raj Kumar Makkad (Expert) 11 March 2020
Writ of habeas corpus is not maintainable against the mother of a minor child of 2 years.

Querist : Anonymous (Querist) 11 March 2020
Is a writ of Habeas corpus, apporpriate to atleast request the court to grant interim visiting rights to meet my son.

Raj Kumar Makkad (Expert) 11 March 2020
You have every right to get the visiting rights to meet your child as per terms and conditions to be fixed by Court but there is no requirement to file a writ for that purpose rather file a petition under the provisions of Guardianship and Wards Act before the Family Court of your area.

Querist : Anonymous (Querist) 12 March 2020
Thanks. usually how long does it take for court to grant me visiting rights. If the proceedings take 2 years to complete, then is there any quicker way to request the court to let me see my son.

KISHAN DUTT KALASKAR (Expert) 12 March 2020
Dear Sir,
Yes, you can file either child custody case or writ of habeas corpus and thus you will get even permanent custody of the child as she is not acting in the better interest of child.

Rajendra K Goyal (Expert) 12 March 2020
You can prey court for grant of visiting rights till the case is pending.

Raj Kumar Makkad (Expert) 12 March 2020
Interim visiting rights can be got provided by concerned court within a period of 1 or 2 months of the appearance of your wife in the court.

Rajendra K Goyal (Expert) 13 March 2020
Agree with the advice from expert Raj Kumar Makkad.

T. Kalaiselvan, Advocate (Expert) 16 March 2020
Habeas corpus petition is not maintainable at this stage.
You may better file a child custody case on the grounds of her acts of adultery and immoral character.
In the same child custody case you may seek visitation rights as an interim relief.

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