This court quashed a habeas corpus petition filed alleging illegal detention of a wife in a contested custody matter over a minor child under the Guardians and Wards Act. No observation was passed on the merits.
Writ of habeas corpus is dismissed with an observation that the merits of the custody claim are not touched.
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Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3527 of 2018
Petitioner :- Brijesh Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioner no.1 alleging that the petitionerdetenue no.2- Km. Veenue Kumari- is illegally detained by the respondent no.3, hence, writ of habeas corpus be issued directing the respondent no.3 to produce corpus of petitioner- detenue no.2- Km. Veenue Kumari- before this Court and set at liberty in accordance with own free- will.
Upon consideration of the averments contained in the accompanying affidavit as well as annexures, which is annexed in this writ petition, obviously it is a contested matter between husband and wife regarding custody of the minor child by way of taking recourse under the Guardians and Wards Act. No order need be passed at this stage against the respondents.
For the aforesaid observations, this Habeas Corpus Writ Petition is dismissed .
However, observation so made shall not touch the merit of the case.
Order Date :- 21.8.2018 Raj
1 issue framed by the court
Whether a habeas corpus petition arises in a domestic custody dispute regarding a minor child.
Brijesh Gupta
Veenue Kumari
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
