BUSHRA PARVEEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present writ petition alleging illegal custody of her daughter by respondent No.6, who is the biological father of the corpus. It is admitted that the marriage between the petitioner and respondent No.6 has already been dissolved.

(2.) The petitioner has an efficacious statutory remedy to approach the Family Court or the concerned Magistrate under Sec. 101 of the Bharatiya Nyaya Sanhita (BNS) for redressal of her grievance regarding custody. A writ of habeas corpus cannot be issued in such circumstances, particularly where a proper and effective alternative remedy is available under the law.

(3.) Before approaching this Court, the petitioner had already invoked the remedy under Sec. 97 of the Cr.P.C., which is pari materia to Sec. 101 of the BNS. Therefore, after having resorted to the said remedy, the only appropriate course now available to the petitioner is to approach the Family Court for seeking custody of the minor child in accordance with law.