Important Legal Definitions

The use of the writ of Habeas Corpus in family law matters by one parent to recover custody of a minor child who is being held unlawfully by the other parent or third parties, evaluated strictly on the child's paramount welfare.

In Tejaswini Gaud v. Shekhar Jagdish Prasad, the Supreme Court entertained a Habeas Corpus petition filed by a father to secure custody of his minor daughter from the maternal aunts following the mother's death.