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The State submitted that since the corpus is in lawful custody of the State in pursuance of a judicial order, the present habeas corpus petition is not maintainable.
“The corpus is only about 13 months old. If custody is not entrusted to the father at this stage, there is a real possibility of the child growing up without forming any emotional bond with him, which would be detrimental to the child’s overall development and the father’s parental rights.”
“Despite being public servants, their conduct reflects scant respect for law of land the dereliction of duty on their part, which can be considered to be misconduct in service on their part, since they have failed to perform their duties in accordance with law.”
“The father, being a natural guardian, cannot be said to have taken the minors out of lawful guardianship so as to attract any criminality.”
“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”
Observing the wife’s voluntary departure, the Madras High Court shifted focus to child welfare and instructs police to produce the minors before the Judicial Magistrate.
The Court noted that “reasons to believe” are mandatory to be recorded; however, they need not be supplied along with the arrest memo to the accused, unlike the “grounds of arrest”, which must be supplied.
“The Mother and child love and affection is more relevant than anything else. The laws are made for the citizens but citizens are not born for the laws. No law can deprive the child or mother from their bondage, love and affection and the relation cannot be denied.”
“Public health and safety form an essential part of the constitutional vision under Articles 21 and 47 of the Constitution of India.”
In September 2025, a RTI query was filed before the designated CPIO of the Supreme Court, seeking the statistics on pendency and disposal of cases by the Supreme Court.
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts from the first week of September, 2025.
“The filing of this kind of litigation should not be encouraged by this court and the same should be deprecated.”
“She cannot be treated like Chasser. She has a mind of her own and the right to make a decision, whether right or wrong, with regard to the person with whom she wants to live.”
“Marriage is not the sole mode to found a family. The concept of “chosen family” is now well-settled and acknowledged in LGBTQIA+ jurisprudence. The Supreme Court may not have may not have legalised marriage between same sex couples; they can very well form a family”.
The Court noted that the mother, who ordinarily resides in Australia, merely responded to the distress call of her child who was left with the house help by his father while he was on a business trip.
“In a democratic country, protestors can protest but they cannot disturb the protocol of Prime Minister and Vice President;” State argued.
“Jagjit Singh is said to be free to go home after seeking discharge from the hospital. In such circumstances, it cannot be said that he is in illegal confinement of the State. However, the State is directed to ensure that there should be no hindrance if the family members, friends, relatives, or any other person wish to see him in the hospital.”
“There is no fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly, when the woman appears to be his own sister.”
A quick legal roundup to cover important stories from all High Courts this week.