Dismissed
Huriya (Minor) through Her Mother and Another v. State of U.P. and 4 Others
Allahabad HCHABC/3562/2018
Case brief
from the order text
What is this about?
Case :- HABEAS CORPUS WRIT PETITION No. -…
What the court decided
AI extract
Case :- HABEAS CORPUS WRIT PETITION No. -…
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Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3562 of 2018
Petitioner :- Huriya (Minor) Through Her Mother And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atul Singh Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioner no.2- Smt. Asma- alleging that the petitioner- detenue no.1- Km. Huriya (minor girlaged about 3 years) is illegally detained by the respondent nos.4 and 5, hence, writ of habeas corpus be issued directing the respondent nos.4 and 5 to produce corpus of petitioner- detenue no.1- Km. Huriya- before this Court and set at liberty in accordance with law.
Learned counsel for the petitioners contended that petitioner no.2- Smt. Asma- is widow and after the sad demise of her husband, respondent no.4 (mother-in-law of petitioner no.2) had take away her daughter- Km. Huriya-, who is minor and aged about 3 years. He further submits that petitioner no.5 is the outsider. Lastly, he submits that petitioner no.2 is the natural guardian of her minor daughter- Km. Huriay.
Also heard learned A.G.A. and perused the record.
Considering the facts and circumstances of the case, it is evident from the record of this Habeas Corpus Writ Petition that petitioner no.2 had already moved an application (Case No.50 of 2017, Asma Vs. Smt. Rafat Jahan) before the Child Welfare Committee, Moradabad on 21.04.2017, copy whereof has been marked as Annexure No.A-3 to this Habeas Corpus Writ Petition, wherein more or less the same allegations/averements have been made for obtaining the custody of the minor corpus- Km. Huriya. It has been averred in her affidavit that no action has been taken by the Child Welfare
Committee, Moradabad.
Needless to say that if the petitioner no.2 has already filed such an application, which is numbered as Case No.50 of 2017 (Asma Vs. Smt. Rafat Jahan), then it is required that the custodial dispute involving question of custody of corpus- Km. Huriay- need be adjudicated upon by the Child Welfare Committee, Moradabad at the earliest, preferably, within a period of six weeks' from the date of receipt of certified copy of the this order.
With the aforesaid observation, this Habeas Corpus Writ Petition is finally disposed off.
However, observation so made shall not touch the merit of the case.
Order Date :- 24.8.2018
Raj
Huriya (Minor) Through Her Mother
State Of U.P.
Smt. Rafat Jahan
Arvind Kumar Mishra
As recorded by the court registry
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