The Court said that habeas corpus petition is filed when someone is in illegal custody. Here the child is taken care of by the natural guardian, the mother. The father has not shown any evidence to show that the child is in illegal custody of the mother.
The husband and wife had a strained marital relationship and that was the reason the mother took the child away from the father to be under her care and protection. That cannot be alleged as illegal custody, the Court said.
The Court also observed said the father has filed a petition without understanding the seriousness of such a petition, which is a constitutional remedy and also extraordinary in nature. So such a petition is an abuse of the process of law that has to be curbed.
The petitioner G R Jain was fined Rs 50000. Such petitions are a menace, the Court observed.
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