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.