• Will SLP help back get the custody of our child

We lost custody of our child (adoptive) via Haebus Corpus Writ Petition in High Court of Karnataka. The court has denied our memo to appeal and given the custody of the child to the biological mother.

We want to file a SLP (special leave petition) to Supreme Court on Article 136. Will the approval of SLP help us get back the custody of the child immediately after it is approved? Also, what is the timeframe Supreme Court takes to approve an SLP?

The documentation for the case runs to 500 pages. And the judgement is about 40 pages.

Thanks
Asked 4 years ago in Constitutional Law

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14 Answers

If SC passes order in your favour you would get custody of the child

2) disposal of SLP would depend upon pendency of cases in SC

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

You will have to share the details of the case in order to enable us to tell you the strength of SLP. This will also enable us to formulate the Legal grounds.

The SC admits the SLP in a week and then notice issued to the opposite party and thereafter the case is heard and decided.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

What are findings of the high court based on what the custody of child was decided under habeas Corpus writ petition??

Yes if the Special Leave Petition is allowed and decided in your favor you can get custody but for SLP there should substantial question of law should be involved to be decided by SC.

On filing within a week the matter comes up on board for admission after SLP is admitted notices are issued to other party than the further course take some time.

You need a certified copy of HC judgement and legible and typed copy of other.paper if it is not possible then you have to seek dispense of typed and certified copies in court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Since the certificate to appeal has been denied by the HC the only remedy is to file a SLP. It will then be for the SC to decide whether leave is to be granted or not.

2. The Supreme Court can dismiss the SLP in limine, or it may grant the leave and then dismiss or allow the petition.

3. Except SLP there is no other remedy.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If on admission if SC gives passes any order then you can get at time of admission but that is least possible in SC will see the substantial.question to be decoded so on decision you shall get if decided in favour.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Only after decision of HC is set aside by SC would you get custody of child

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Custody will be given after the case is heard.

Till the final decision the court might pass some order of visitation right or partial custody.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Querist

if you are the adoptive parents and the adoption deed is registered then you may get the child custody.

file SLP against the order of the High Court before the Supreme Court or file a Writ Petition under Article 32 of Constitution of India for the safeguard of your fundamental right(Right to life with dignity).

SLP can be heard by the Supreme Court within 15 days after completion of all the formalities of filing.

Supreme Court may decide the SLP even without hearing the opposite party.

if your SLP has been approved then the child shall be hand over to you as per direction of the court.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

You will get the custody of the child only if the SC sets aside the judgment and order of the HC.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Show order.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have not mentioned that for what reason the high court dismissed your plea and allowed the HCP.

If you are aggrieved by the decision of high court and opine that it has not taken into consideration any justified grounds and merits on your side, you may prefer to file a SLP.

Since it may not be considered as an appeal against HCP it may not be affected by law of limitations.

However you may consult a lawyer from supreme court on the feasibility and maintainability of the same.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

As of now there is no decision in your favor on the subject matter hence we cannot form any opinion in this regard without knowing the details of the case or background.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The moment the order comes in your hand, in fact the day when order would be pronounced the lawyer can ask for the Dasto Order also on the same day.

And child will be in your custody within hours of time.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Supreme court takes very less time to decide the admission or dismissal of slp. However if the SLP is admitted you will get enough time to argue the Matter.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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