Premchand Goel vs Inspector of Police R-3 Police Station, The Commissioner of Police and Sanjay Dalmia

K. Narayana Kurup, J.—The Petitioner is the father of the deceased, who met with her death in her matrimonial home, said to be under suspicious circumstances within two years of marriage. According to the Petitioner, his daughter was done away with by her in laws at the matrimonial home in connection with demand for dowry. The present H.C.P. is filed for the custody of the minor son (aged one year) born to the couple in marriage. According to the Petitioner, it may not be in the interest of the child to permit the in-laws to have his custody, since all of them are arrested in connection with the aforesaid incident. The definite case pleaded by the Petitioner is that the death is "dowry death" and the needle of suspicion definitely points towards the husband of the deceased and the in-laws. Therefore, he seeks the custody of the minor child.

While dealing with habeas corpus petitions, we have to remind ourselves that, in normal circumstances we are concerned only with illegal detention of the person concerned. Since the child is under the protective care of the father, who is his natural guardian ,and paternal relations, by no stretch of imagination, can it be said that the child is under illegal detention, warranting interference by this Court in habeas corpus jurisdiction. That apart, no material has been placed before us which will go to show that the custody of the child by his father and paternal relations will operate adversely to the interest of the child in which case, this Court will certainly interfere and grant relief to the Petitioner, on the principle of paramountery of the welfare of the child. Of course, this will not preclude the Petitioner herein from moving the appropriate forum seeking the custody of the child, if so advised. All that we propose to say at the moment is that this is not the forum for claiming the custody of the minor child. Since the husband of the deceased and in-laws are already released on bail, it cannot be said that the child will not receive proper attention, at the paternal home. In fact, upon seeing the child, who is produced before us, we arc of the opinion that he is being properly looked after by his father and the child is in good shape.

For the aforesaid reasons, as at present advised, we are not inclined to accede to the prayer of the Petitioner for the custody of the child. Accordingly, this H.C.P. is dismissed.