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In exercising its habeas corpus jurisdiction, the Court directed the immediate return of the child to the mother. The order underscored the welfare of the child as the paramount consideration while affirming the presumptive right of the mother to custody in the absence of proof of unsuitability.

The decision reinforces the legal position that allegations of incapacity based solely on a mother’s pregnancy must be substantiated with concrete evidence of unsuitability before they can override the maternal preference for young children. It also clarifies that a habeas corpus petition is maintainable where a parent seeks to regain custody of a child from relatives, provided the petitioner can show that the child’s detention is illegal.

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By emphasizing that the mother is presumed to be the suitable custodian for children under five unless proven otherwise, the Court sought to prevent arbitrary removal of young children from their mothers on speculative grounds. The ruling serves as a reminder to families and courts alike that the threshold for displacing a mother’s custody rights is high and requires demonstrable evidence of grave cruelty or unfitness.

The judgment thus settles the immediate dispute by restoring the child to his mother and provides guidance on the standard to be applied in similar custody controversies involving young children and claims of maternal incapacity.

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