‘Child in mother’s custody not illegal detention’: Gujarat HC raps man for habeas corpus plea

The court order noted that the Bodakdev Police had submitted a report in connection with the missing persons report regarding the son of the petitioner.

On Wednesday, after examining the police report and hearing submissions, Justice H D Suthar observed that the wife had “voluntarily left her matrimonial home” and the petitioner ought to have pursued the appropriate legal remedy.

The petition had also named a friend of the wife as a respondent, with whom she is said to be staying, according to the Bodakdev police’s report.

“Upon perusal of the said report, it appears that the police has inquired into the matter and during investigation, it was noticed that the wife of the petitioner voluntarily left the home along with her minor son on October 8, 2025, and both went to Delhi, Sikkim and returned to Ahmedabad on October 20… It further reveals that the corpus (son) is with his mother, who is his natural guardian,” the oral order of the court noted on Wednesday.

The court order notes that the wife of the petitioner and their minor son have been residing at the home of one of the respondents, “who happens to be a friend of the petitioner”.

In the submissions before the court, the petitioner’s lawyer stated that his estranged wife had “taken away their son illegally” and denied him any meeting or communication. The petitioner’s counsel also told the court that the petitioner shared a “close bond” with the child and that the estranged wife had refused to meet or discuss the matter.

The court rebuked the petitioner for invoking habeas corpus instead of approaching a civil court for custody or visitation, stating that the mother is a “natural guardian” of the child and that the case cannot be considered as “illegal detention”.

The observation came after the Bodakdev police in Ahmedabad submitted a report on the wife’s statement.

The oral order of the court states, “For the purpose of taking custody of the minor son, the petitioner has filed a present habeas corpus petition before this court. It is needless to say that if there are any differences between the husband and wife… he has to file appropriate proceedings. (Rather than filing) such proceedings before the appropriate forum, he has straightway filed a present habeas corpus petition before this court… as the corpus is with his mother and is not found in any illegal confinement or detention.”

On October 27, the High Court had directed the prosecutor to place on record the status of the missing persons complaint filed by the petitioner on October 9, regarding his wife and son.