Supreme Court of India · 2003-07-24
SAIBHA ALI vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2003/9012
- Court
- Supreme Court of India
- Petitioner
- SAIBHA ALI
- Respondent
- STATE OF MAHARASHTRA .
- Bench
- N.SANTOSH HEGDE & B.P.SINGH.
Judgment text excerpt
The Supreme Court dismissed the habeas corpus petition under Article 32, ruling that the custody of the minor children awarded to the paternal grandmother by a competent Family Court was not illegal. The Court noted that the petitioner, the natural mother, had previously challenged this custody order but withdrew her appeal, rendering the Family Court's decision final. The Court emphasized that until the petitioner sets aside the Family Court's order, she cannot seek relief through habeas corpus, as the custody arrangement was legally established and not in violation of any rights.