LI Network
Published on: February 16, 2024 at 14:40 IST
In a recent habeas corpus case filed for the production of a younger sister, the Supreme Court clarified that an elder sister does not inherently possess the legal right to exercise guardianship over her younger sister unless there is a specific court order to that effect.
The petitioner sought the production of her younger sister, alleging that the sister and her husband had unlawfully detained her and planned to take her to Canada.
However, the Supreme Court, consisting of Justices Aniruddha Bose and Sanjay Kumar, dismissed the petitioner’s case, stating that a habeas corpus petition was not the appropriate legal recourse for the grievance raised.
The Court, while acknowledging the petitioner’s concerns, emphasized that an elder sister’s claim to guardianship requires an order from a court of competent jurisdiction. In its ruling, the Supreme Court stated, “There is no legal right of an elder sister to exercise guardianship over her sister except when there is an order from a Court of competent jurisdiction.”
The background of the case involves the petitioner initially approaching the Himachal Pradesh High Court with a habeas corpus petition.
The petitioner asserted that her sister, the respondent, was unlawfully detained by another sister (respondent No.4) and her husband, who intended to take her to Canada.
The High Court, after considering a Status Report and an affidavit from the younger sister stating her voluntary residence with respondent No.4 and her husband, disposed of the petitioner’s plea, leaving the option open for her to approach the appropriate court or authority for further relief.
Unsatisfied with the High Court’s decision, the petitioner escalated the matter to the Supreme Court. However, the Supreme Court upheld the High Court’s order and dismissed the petition while granting the petitioner the liberty to pursue her grievances through the appropriate legal channels.
This ruling emphasizes that while family relationships are important, legal rights, such as guardianship, must be established through due process and court orders to ensure clarity and adherence to the law.