Bombay High Court Dismisses Habeas Corpus Petition in International Child Custody Dispute

Introduction

In a significant ruling concerning international child custody disputes, the Bombay High Court dismissed a habeas corpus petition filed by Jyotirmayasinhji Upendrasinhji Jadeja, a former member of the royal family of Gondal State, Gujarat, seeking custody of his minor son from his estranged wife, a German national. The Court reaffirmed that lawful custody granted by a competent foreign court cannot be treated as illegal detention, particularly when the welfare of the child is demonstrably protected.

Background of the Dispute

The petitioner, Jyotirmayasinhji Jadeja (43), married Damini Kumari (46), a German citizen. Their son was born in May 2019 in India.

In January 2020, Damini Kumari travelled to Germany with the child to visit her family. Due to COVID-19 lockdown restrictions, their return to India became impossible. Even after the restrictions were lifted, the mother and child continued to stay in Germany.

In March 2024, Damini Kumari initiated custody proceedings before the Würzburg District Court, Germany. On August 18, 2025, the German court granted her sole custody, authorising her to take all decisions concerning the child’s general welfare, education, and upbringing.

Petition Before the Bombay High Court

Aggrieved by the German court’s decision, Jadeja approached the Bombay High Court by filing a habeas corpus petition, alleging that:

  • The child had been taken out of India illegally and without his consent

  • German nationality and passport were obtained for the child through fraud and misrepresentation

  • The child was being illegally detained by the mother in Germany

The petitioner sought immediate custody of the child, invoking the extraordinary writ jurisdiction of the High Court.

Findings of the Bombay High Court

A Division Bench comprising Justices Ravindra Ghuge and Gautam Akhand dismissed the petition, holding that it was not maintainable.

Lawful Custody Under Foreign Court Orders

The Court observed that the Würzburg District Court, a competent court of jurisdiction in Germany, had granted sole custody of the minor to the mother. Consequently, the child’s custody could not be characterised as illegal or unauthorised.

“The custody of the minor is with the mother, who is also the natural guardian, and the custody is pursuant to a lawful judicial order,” the Bench held.

Welfare of the Child as Paramount Consideration

The High Court reiterated the settled legal principle that in custody matters, the welfare of the child is of paramount importance, overriding the legal rights of either parent.

The Bench noted that:

  • The child has been residing in Germany since January 2020

  • He is enrolled in a playschool at Rottendorf, Germany

  • Germany has become his natural and habitual environment

The Court held that uprooting the child at this stage would be contrary to his best interests.

Failure of the Father to Pursue Legal Remedies

A crucial factor that weighed against the petitioner was his inaction:

  • He did not participate in the custody proceedings before the Würzburg District Court

  • He did not file any custody or visitation application before any Indian court

  • No explanation was offered for this prolonged inaction

The Court termed this omission “glaring”, observing that a parent who fails to pursue available legal remedies cannot later claim illegal detention through habeas corpus.

Habeas Corpus and Child Custody: Legal Position

The Court clarified that habeas corpus is not a substitute for custody proceedings. The writ is maintainable only where custody is prima facie illegal or without authority of law.

Since the child’s custody was backed by a valid judicial order of a foreign court, the essential requirement for habeas corpus was absent.

Statutory and Constitutional Framework

Constitutional Provisions

  • Article 226 of the Constitution of India
    Empowers High Courts to issue writs, including habeas corpus. However, this jurisdiction is discretionary and cannot be exercised to override lawful custody orders.

Statutory Provisions

  • Guardians and Wards Act, 1890
    Governs child custody and guardianship disputes in India, emphasising the welfare of the minor.

  • Hindu Minority and Guardianship Act, 1956 (where applicable)
    Recognises the mother as a natural guardian in certain circumstances.

Judicial Precedents Relied Upon (Principles Applied)

Although not expressly cited in the order, the judgment aligns with established Supreme Court jurisprudence, including:

  • Nithya Anand Raghavan v. State (2017)
    Held that foreign custody orders are relevant but not conclusive; however, welfare of the child remains paramount.

  • V. Ravi Chandran v. Union of India (2010)
    Recognised the principle of comity of courts in international custody disputes.

  • Yashita Sahu v. State of Rajasthan (2020)
    Reiterated that habeas corpus is not meant to decide detailed custody rights.

Conclusion

The Bombay High Court’s decision reinforces three critical legal principles:

  1. Lawful custody pursuant to a foreign court’s order cannot be treated as illegal detention

  2. The welfare and stability of the child override parental contestations

  3. Habeas corpus is an exceptional remedy and not a shortcut to bypass custody laws

By dismissing the petition, the Court sent a clear message that international custody disputes must be addressed through appropriate legal channels, and not through extraordinary constitutional remedies lacking factual or legal foundation.

Location: Pune, Maharashtra, India

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