The Allahabad High Court has ruled that a writ of habeas corpus is not maintainable when a minor's custody is determined by a judicial order from the Child Welfare Committee (CWC) under the Juvenile Justice (Care and Protection of Children) Act, 2015. This decision reinforces the statutory framework governing child welfare and custody matters.
Case Overview
The case involved a mother who filed a habeas corpus petition seeking the return of her 11-year-old son, who had been placed in a children's home in Lucknow by the CWC. The mother argued that her son was being unlawfully detained and sought his custody, claiming she was his natural guardian. However, upon the child's production before the Court, it was revealed that he had been residing in the children's home for his welfare and education. The child expressed a preference to remain in the children's home, stating he was happy and well cared for there.
Court's Findings
The Bench, comprising Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi, observed that the child's custody had been determined by the CWC, a statutory body with the authority to make such decisions under the Juvenile Justice Act. The Court noted that the CWC's order was judicial in nature and appealable under Sections 101 and 102 of the Act, not subject to review through a writ of habeas corpus. The Court also highlighted that issues of custody between parents should be adjudicated under the Guardians and Wards Act, 1890, which provides a comprehensive mechanism for such matters.
Implications of the Judgment
This judgment underscores the importance of adhering to the established legal processes for child custody and welfare. It clarifies that the CWC's decisions are binding and can only be challenged through the statutory remedies provided under the Juvenile Justice Act. The ruling also emphasizes the need to consider the child's welfare and preferences in custody matters, aligning with the principles of the Act.
The Court's decision serves as a reminder to parents and guardians that custody disputes involving minors must be resolved through appropriate legal channels, ensuring the child's best interests are paramount.
0 Comments
Thank you for your response. It will help us to improve in the future.