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july 2003

Supreme Court of India · 2003-07-24

Saihba Ali vs State Of Maharashtra & Ors

Citation / case number
AIR 2003 SUPREME COURT 4205
Court
Supreme Court of India
Petitioner
Saihba Ali
Respondent
State Of Maharashtra & Ors
Bench
N.Santosh Hegde, B.P.Singh

Judgment text excerpt

The Supreme Court dismissed a habeas corpus petition under Article 32, holding that the custody of the minor children was legally awarded to the paternal grandmother by a competent Family Court, which the petitioner had previously challenged but later withdrew. The Court emphasized that the custody order was not illegal and could only be set aside through appropriate legal channels. The Court ruled that the petitioner, despite being the natural mother, could not seek interim custody without first overturning the Family Court's decision.

Saihba Ali vs State Of Maharashtra & Ors · Niyam