In a recent ruling, the issue of guardianship rights of an elder sister over her younger sibling was addressed by the Supreme Court of India. The case centered around a habeas corpus petition filed by a woman seeking the production of her younger sister. Presided over by Justices Aniruddha Bose and Sanjay Kumar, the bench delivered the verdict, with the petitioner's plea being dismissed while shedding light on the legal intricacies surrounding the matter.

The petitioner had approached the Himachal Pradesh High Court with a habeas corpus petition, expressing concern over the alleged illegal detention of her younger sister by their elder sibling (respondent No.4) and her husband. The petitioner's apprehension stemmed from the belief that respondent No.4 intended to take her younger sister to Canada unlawfully. However, upon investigation, it emerged that the younger sister had willingly executed an affidavit affirming her voluntary residence with respondent No.4 and her husband. This revelation shifted the focus of the case.

The High Court, after considering the facts presented, disposed of the petitioner's plea, advising her to seek redressal through the appropriate legal channels. Subsequently, dissatisfied with the High Court's decision, the matter was escalated to the Supreme Court by the petitioner.

In its ruling, the Supreme Court clarified that the remedy of habeas corpus may not be suitable for addressing grievances related to guardianship rights in cases where the petitioner lacks a legal right over the individual in question. The bench highlighted that an elder sister does not possess inherent guardianship rights over her younger sibling unless mandated by a competent court order. Thus, the mere relationship of being an elder sister does not confer automatic guardianship status.

The justices emphasized the importance of seeking relief from a court of competent jurisdiction in matters concerning guardianship. They reiterated that legal rights regarding guardianship must be established through proper legal procedures, emphasizing the necessity of obtaining a court order to exercise such authority.