Constitution of India, 1950
Article 226—Writ of habeas corpus—Custody of child—Petitioner claims to be biological mother of minor boy and during pregnancy, she was found to have contracted the HIV virus—According to the petitioner, her father handed over her son to the fifth and sixth respondent temporarily—Fact that the care and custody of petitioner's child was handed over to the fifth respondent when he was born, with the knowledge and consent of the petitioner, is not under dispute—While the petitioner claims that handing over the custody was only temporary, the fifth respondent denies the same stating that child was given in adoption and that she is the lawful guardian of the child and thus, he is entitled for custody—When the very foundational facts of the case have been disputed, the High Court, in exercise of its powers under Article 226 of the Constitution of India, would not venture to adjudicate these disputed facts—On the same set of facts, a petition has been filed by fifth respondent under Sections 7 & 8 of the Guardian and Wards Act seeking for guardianship of minor child, which is pending—Petitioner is yet to file her reply statement in said proceedings—Issue with regard to appointment of the guardian for the minor child could be decided by the concerned court on the basis of the evidences before it—Habeas Corpus Petition stands closed with a liberty to the petitioner to visit her minor child at the house of the fifth respondent, once a week.
[Paras 6 & 7]