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‘What Kind Of Petitions Are Coming To This Court?’ Asks CJI Chandrachud

by OB Bureau
April 24, 2023
in India
Reading Time: 1 min read
marital rape
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New Delhi: The Supreme Court heard a plea by the parents of a rape convict, seeking custody of the child conceived out of the rape assault.

A bench headed by Chief Justice of India DY Chandrachud heard the case. The case details were tweeted by the Indian legal news website Bar and Bench.

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After the case was mentioned, Justice PS Narasimha asked: “What are you saying here?”

Then CJI Chandrachud expressed his surprise: “Your son is in jail for rape and you want that child to be handed to you? Habeas corpus… where will the child be if not the mother?”

The lawyer for the parents argued that “it lies in the interest of the child Milord”.

CJI Chandrachud then asked: “What kind of petitions (are) coming to this court? How will a habeas corpus lie in this case?”

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