Ban Habeas Corpus for Foreign Nationals Seeking Child Custody
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My wife and me took care of our niece in our home between April 2011 to April 2018. My sister-in-law dropped the child when she was 10 months old.
In February 2018, my sister-in-law filed a Habeas Corpus writ petition in the High Court of Karnataka. The High court allowed the Habeas Corpus Writ Petition. And the custody of the child was abruptly taken away from us in the court premises.
From the child's perspective, it was a shock for her as she believed we were her father and mother. We took care of the child as our own.
Since we were taking care of the child for 7 years, we expected the court to make us the legal custodians. But that did not happen.
Moreover, my sister-in-law is a Canadian citizen. And after the court verdict, she has taken the child to Canada. She has not provided us with an address to reach her. We do not even have visitation rights.
Considering this, foreign nationals should NOT file a case of Habeas Corpus for child custody in Indian courts, especially, when the period of separation is more than six months. They should only appeal for child custody in family court.
I wish Ms. Sushma Swaraj accepts my request and bans foreign nationals from using Habeas Corpus option to gain child custody.
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