Writ of Habeas Corpus, not applicable on the child’s custody from Natural Mother: Madhya Pradesh High Court

An appeal was filed by the adoptive mother to seek the custody of the adopted girl from her natural mother.

The appellant claimed that the adoption of the girl was done after the execution of the adoption deed by the natural mother, I.e the respondent. She stated that the respondent (natural mother) took the child for playing and then never returned her to the adoptive mother and thus, she is filing this writ of Habeas Corpus to get back the adopted child from her natural mother.

The court in the above matter observed that, this writ of Habeas corpus is questioning the genuineness of the adoption deed, and therefore dismissed this petition on the ground that, “the dispute of this nature cannot be entertained in writ jurisdiction under Article 226 of the Constitution of India for issuance of a writ of Habeas corpus to hand over the custody of the child to the petitioner”

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