Custody · 17 April 2026
Father's Custody of Minor Child Does Not Amount to Illegal Detention
High Court of Judicature at Allahabad · 2026 AHC 79268
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Maternal relatives filed a Habeas Corpus writ petition alleging that the father had forcefully taken and illegally detained his minor Hindu child.
The High Court ruled that a father, as the natural guardian under Hindu law, cannot be accused of "illegally detaining" his own child in the absence of an explicit judicial order restraining his custody.
Relevant provisions: Article 226 of the Constitution of India / Hindu Minority and Guardianship Act, 1956
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