HC denies relief to man seeking son's custody

A vacation Bench of Justices Rajiv Sahai Endlaw and G P Mittal dismissed the petition filed by Shahid Khan but allowed him to move the appropriate fora for matters related to guardianship and custody.

“We are unable to agree and are unwilling to entertain this habeas corpus petition to adjudicate competing claims of the petitioner as father and respondent as mother to the custody/guardianship of the minor son and which adjudication shall necessarily entail questions of suitability and the best interest of minor,” the Court said.

Khan had sought custody of his 7-year-old son who, he claimed, was in the custody of his ex-wife and her family members at Hyderabad since May, 2009.  He sought relief by filing haebus corpus writ which is invoked seeking direction for production of a man, allegedly in arrest, before a court.

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