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Habeas Corpus Is Not A Shortcut To Family Court
['Parth R. Hegde']
Supreme Court - High Court - Legal Breaking News | Live Law India
Habeas corpus was built to answer one question: has the State, or anyone else, confined a person without lawful authority?
So looking at who actually is being named as respondent in habeas corpus petitions before High Courts today.
That order didn't just apply the test, it named the behavior, describing a growing pattern of "disgruntled parents" invoking habeas corpus to bypass guardianship proceedings entirely.
A lawful custodian abroad, an alleged breach of consent, facts in dispute on both sides, exactly the kind of complexity the doctrine insists habeas corpus cannot untangle.
A dismissed habeas petition right now sends the petitioner back to square one, re-file from scratch under the Guardians and Wards Act, lose weeks or months doing it.