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Habeas Corpus Plea Not a Substitute for Custody Proceedings Under Guardianship Act: Punjab & Haryana High Court

30 Aug 2025 3 min read
Habeas Corpus Plea Not a Substitute for Custody Proceedings Under Guardianship Act: Punjab & Haryana High Court

The Punjab and Haryana High Court recently clarified the limited scope of writ jurisdiction in custody disputes involving minors. The Court emphasized that a habeas corpus petition cannot replace detailed custody proceedings under guardianship laws such as the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890. The High Court can intervene through habeas corpus only when there is a clear case of illegal or unlawful…

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