Ahmedabad, Oct 27: The Gujarat High Court has dismissed a father's habeas corpus petition seeking the production and custody of his minor daughter, holding that the child's custody with her mother cannot be termed illegal custody, Live Law reported. A division bench of Justice Ilesh J. Vora and Justice R. T. Vachhani passed the order, reported as 2026 LiveLaw (Guj) 295.
Source: Live Law
In its order, the bench said the welfare of the child is of paramount importance and quoted its reasoning: the custody of the minor daughter, aged about 2 years and 3 months, with the mother 'cannot [be] termed to be an illegal custody', and no case was made out to change the custody. The court said the custody issue involves detailed disputed facts requiring extensive evidence, and must be thoroughly enquired into by the competent court.
Source: Live Law
The mother had alleged, in her response to the father's legal notice, that he had developed a habit of extensively using ChatGPT even for minor and routine things and repeatedly engaged with the platform, Live Law reported. She alleged he had gradually started forming and fabricating various narratives, which further affected his behaviour and their inter-personal relationship and contributed to the increasing matrimonial discord. These are the mother's allegations as recorded in the judgment; the court did not decide them.
Source: Live Law
She also claimed, as recorded in the judgment, that he used expressions such as 'mother manipulator', 'daughter thief', 'mama extortionist' and 'father spineless', which she linked to his alleged dependence on ChatGPT, and that in April 2025, during a dental treatment, he developed a one-sided romantic attachment with the doctor. She said she raised her concern with him and his family in May 2025 and asked him to refrain from excessive ChatGPT use, but alleged his behaviour did not change. The Shonee Kapoor legal news report of the same judgment, dated October 8, 2026, carried the same allegations and expressions.
Source: Shonee Kapoor
According to the father's account recorded by Live Law, the wife left the matrimonial home while the minor daughter remained with him, and a few months later she removed the child from his custody without his knowledge; he claimed he was not permitted to meet his daughter. The Shonee Kapoor report, citing the father's allegations, said the wife left the matrimonial home on May 28, 2026, and took the daughter on August 7, 2026. He lodged a police complaint and then a private complaint before a magistrate in Surat, who issued notice but declined to order the child's custody to be secured, saying custody is governed by the procedure under the applicable law. He then moved the High Court.
Source: Live Law
Dismissing the plea, the High Court clarified that it had not examined or expressed any opinion on the rival claims regarding permanent or interim custody, and that it is open to both parties to pursue alternative remedies before the competent court, which shall decide any application in accordance with law without being influenced by the High Court's observations.
Source: Live Law