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Date of hearing and judgment: 23rd February, 2026
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HARISH TANDON, CJ.-
1. The instant writ petition in the nature of habeas corpus is at
the behest of the father of a minor child, who is admittedly in the
custody of opposite party nos.5 and 6, being the maternal aunt and
uncle, for his production and the custody to be given.
2. Undeniably, the wife of the petitioner died prematurely
leaving behind the said minor child, who is five years old as on
date. According to the petitioner, after the death of his wife,
opposite party nos.5 and 6 were requested to reside at Chennai,
where he works for gain to look after the said child. But, without
any permission, the said opposite parties took the said child and
returned to the State of Odisha and, therefore, the custody of the
child is illegal and unlawful.
