habeas Corpus filed by ex husband


Me and my children returned back to India last year. My husband took ex parte divorce last year and has filed the Hansa’s corpus to take the kids back to his country. All three of us, ma and my children are Indian citizens and kids are 13 and 7 respectively. Can they still be forced by the court to appear in the courts abroad? The kids do not want to go back . Please advice

Answers (1)


243 votes

Hello ma'am. I have perused your query. As per decisions of the Apex Court, a remedy of habeas corpus cannot be invoked in child custody matters. In case you wish to discuss the matter in more detail please feel free to reach out to me.


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