INTRODUCTION The Indian Law focuses on various procedures and methods for child custody, whether in cases of divorce or illegal custody of the child. One of the way that is used in Indian Law is the writ of Habeas Corpus, while the other is by way of an application to the District Magistrate, Sub-Divisional Magistrate or Magistrate of First Class. This writ literally means “bring the body” and is used whenever there is illegal confinement of a person by the government or any private individual. The writ of habeas corpus finds its nexus from the common law by way of which a person can approach the Court for illegal confinement or detaining of a person. The person that has been illegally confined or detained is known as the ‘detenu’ for whose freedom the writ of [Read More]

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