Adoptive Mother cannot maintain Habeas Corpus Petition seeking custody of Child from Natural Mother

In a petition filed by a woman claiming to be the adoptive mother of a two-and-a-half-year-old girl who sought custody of the child from her natural mother, Madhya Pradesh High Court observed that a writ of habeas corpus, involving such a dispute, cannot be issued against the natural mother.

The observations were made when the Bench was hearing an appeal filed by one Sanjana Soviya against an order passed by a Single Judge who dismissed her habeas corpus petition.

Case Before the Court:

The appellant filed a writ seeking custody of the child from her natural mother. She argued that after the execution of the adoption deed, respondent no.4( natural mother) gave custody of the child.

However, Respondent No.4 took the child away under the pretext of plating with her, and the custody of the child was never restored to the appellant by the natural mother.

Therefore, the adoptive mother filed a habeas corpus petition to get back the custody of the child.

Observations of the Court:

The Court noted that the natural mother raised doubts about the genuineness of the adoption deed, the Court remarked that they could not entertain such a dispute and issue a habeas corpus writ in the case.

According to Court, they cannot issue a writ of Habeas Corpus in a petition where the adoptive mother sought custody from the natural mother. Still, there are doubts about the genuineness of the adoption deed.


The Court opined that such disputed questions of fact and after considering the case’s nature, cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution.

As per the Court, there was no perversity or illegality in the Single Judge’s order; therefore, the writ was dismissed.

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