Constitution of India, 1950
Article 226—Writ of habeas corpus—Custody of child—At the time of obtaining a decree of divorce by mutual consent by their own freewill and volition, the parties entered into a legal and binding arrangement in relation to custody/visitation of their minor son—Initially terms and conditions in relation to custody/visitation of minor son has been complied with by the parties but after some time second respondent took away the minor child on a false pretext of spending the day with him—Solitary submission made on behalf of second respondent that the petitioner is unfit to look after the well-being and welfare of the minor son—Second respondent currently has custody of the parties’ minor son, contrary to the express terms entered into between the now divorced couple—Whilst reserving liberty to second respondent to file an appropriate proceeding seeking custody of the minor son of the parties in accordance with law; the minor son is restored into the care and custody of his biological mother/the petitioner.
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