a writ of habeas corpus would not ordinarily apply to matters relating to custody, as the usual remedy lies under statutory or personal law, it can be issued in cases warranting the exercise of extraordinary discretionary jurisdiction under Article 226 and that such a writ can be allowed when it is shown that the minor child’s detention is illegal or without legal authority.

Whether your divorce petition still pending or has already been disposed of is not clear. If it is still pending, ask your lawyer to file an interim application seeking custody of your child to protect her from your wife's abuse. You may also file a complaint with the child welfare dept.

You are required to file a child custody petition seeking custody of child on the grounds and reasons you have state here i.e., her acts of adultery, alcoholic and drug addict etc., but you should prove them with at least minimums evidence to prove your allegations. 

HCP may not be maintainable because the child is in the custody of the mother hence your HCP may be dismissed. 

1. File a child custody case immediately.

2. Before that file a Habeas Corpus petition before your High Court seeking production of your child before the Court.

3. Engage a local lawyer having expertise in this field.

Dear Client,

You can file a habeas corpus petition to seek the immediate return of your child if you can demonstrate that she is being unlawfully detained or not in a safe environment. You will need to show that your child is being unlawfully held and that you have legal custody rights. Providing evidence of your ex-wife’s condition and the environment in which your child is living can support your case. You can also approach the Child Welfare Department or the Child Protection Services with evidence of your ex-wife's condition and the environment in which your child is living.

Since your ex-wife has taken your child and is refusing to allow you to see her, you can file an application for custody in the Family Court. You can request the court to grant you visitation rights or even custody if you can prove that the environment provided by your ex-wife is harmful to the child. If your ex-wife has filed a petition to set aside the ex-parte decree by claiming she never received summons you will need to provide evidence that summons was duly served to counter her claim. Ensure that you document all interactions, keep evidence of your ex-wife's condition, and consult with your lawyer to take the appropriate legal actions. Should you require any further clarification, please do not hesitate to contact us.

- As per law, extra marital affairs is a ground for divorce , hence if you have evidence with you about her said affairs with another man then you can get decree of divorce , even if she set aside the ex-parte decree.

- Further, under the Guardian and Ward Act, , the welfare of the child as the paramount importance, like ethical upbringing of the child, Safe-keeping of the child, Good education , and economic well-being of the guardian. 

- Under Hindu law, A mother usually gets custody of the minor child, under the age of 5 and fathers get custody of older boys, but it is not a strict rule and is primarily decided based on the child’s interests.

- The choice of a child above the age of nine is considered, and further a mother who is proven to neglect or ill-treat the child is not given custody.
- Since, she is a drug addict and was in relation with another person , then she cannot get the custody of the child legally 

- You can file a custody petition before the Court for getting custody of the child.