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Father’s Habeas Corpus Plea Dismissed; Child Staying with Maternal Grandparents Not in Illegal Custody: Gujarat High Court

13 Feb 2026 4 min read
Father’s Habeas Corpus Plea Dismissed; Child Staying with Maternal Grandparents Not in Illegal Custody: Gujarat High Court

The Gujarat High Court has refused to treat the stay of a five-year-old girl with her maternal grandparents as illegal detention, dismissing a habeas corpus petition filed by her father. The Division Bench comprising Justice N.S. Sanjay Gowda and Justice D.M. Vyas, in its judgment dated 06 February 2026, held that a mother entrusting her minor child to her parents for care cannot be termed unlawful confinement, especially when no…

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