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 proce...