Can't Treat Child As Movable Property And Transfer Custody: Supreme Court

A habeas corpus petition is filed seeking direction to produce before the court a person who is missing or has been illegally detained.

The courts dealing with issue of habeas corpus regarding a minor can't treat the child as a "movable property" and transfer their custody without even considering the impact of disturbance of custody on them, the Supreme Court said on Friday.

A habeas corpus petition is filed seeking direction to produce before the court a person who is missing or has been illegally detained.

A bench of Justices A S Oka and A G Masih said such issues cannot be decided mechanically and the court has to act based on humanitarian considerations.