Guardian & Wards Act, 1890–Sec. 9–Constitution of India, 1950–Art. 226–High Court gave the custody of the minor child by allowing the habeas corpus petition–Justification–High Court has not dealt with and considered the issue of welfare of the child and disturbed the custody based only on the father’s rights as a natural guardian–Age of child was one year and five months at the relevant time–Only in substantive proceedings under the GW Act, can the appropriate Court decide the issue of the child custody–Child has not seen the father and grand-parents for over a year–If the custody is immediately transferred, the child will become miserable–Certain directions issued.
