In Shashikanta Majhi v. State of Odisha and others, the High Court of Orissa examined whether a writ of habeas corpus could be used to resolve a child custody dispute. The Bench comprising Harish Tandon and Murahari Sri Raman held that writ courts should not ordinarily decide custody disputes unless the child is in illegal detention. The petitioner-father sought custody of his five-year-old child from the maternal aunt and uncle after the mother’s death, alleging that they had taken the child to Odisha without consent. However, the Court noted that the custody had already been recognized by the Child Welfare Committee, and the Supreme Court of India had also passed interim directions allowing interaction with the father. Relying on precedents like Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari, the Court reiterated that the welfare of the child is paramount. Since the custody was not unlawful, the habeas corpus petition was dismissed, and the father was directed to approach the competent civil or family court for guardianship and custody determination.