Dismissed

Mamta (Minor ) and Another v. State of U.P. and 4 Others

Allahabad HC29 Aug 2018HABC/3580/2018

Case brief

AI extract

What is this about?

This court disposed of a habeas corpus petition filed against a Child Welfare Committee's order declaring a minor as an adult and allowing her to move freely. The court held the writ did not lie; the correct procedure is to approach a proper forum. Observations were made without touching merits.

What did the court decide?

Petition disposed off without touching the merit of the case.

Mamta (Minor ) and Another Vs State of U.P… — Child Custody and Guardianship | Allahabad HC (2018)

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Court No. - 42

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Case :- HABEAS CORPUS WRIT PETITION No. - 3580 of 2018

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Petitioner :- Mamta (Minor ) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rishi Raj Kumar Yadav,Babu Ram Yadav Counsel for Respondent :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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This writ petition has been filed by the petitioner no.2 alleging that the petitioner(detenue) no.1- Mamta (minor)- is illegally detained by the respondent no.5, hence, writ of habeas corpus be issued directing the respondent no.5 to produce corpus of petitioner- (detenue) no.1- Mamta- before this Court and set at liberty in accordance with own free- will.

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Prayer has been made for production of the corpus- Mamta- before this Court and her custody has been claimed by applicant no.2 and it has been claimed that the impugned order dated 25.07.2018 passed by Child Welfare Committee, Kaushambi (Annexure No.8 to this writ petition) suffers legal infirmity and not sustainable in the eye of law and is liable to be set aside.

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However, learned A.G.A. engaged attention of this Court to the aforesaid impugned order dated 25.07.2018, whereby, specific order has been passed regarding status of the corpusMamta- that she is free to go wherever she likes. In the wake of aforesaid specific

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order/direction of the Child Welfare Committee, Kaushambi, he claimed that the detention against the will of the corpus if the petitioner no.2 has any objection to this order, this may be challenged by having recourse to proper procedure prescribed in law straight-way lies.

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Considered the submissions so raised and also considered the impugned order dated 25.07.2018 passed by Child Welfare Committee, Kaushambi.

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Bare perusal of is above mentioned order is indicative of fact that the Child Welfare Committee took into consideration the date of birth mentioned in the concerned School where the corpus- Mamta- studied upto class- VIII. The Principal of the concerned School produced the record relating to the date of birth of the corpus before the Child Welfare Committee. The date of birth of the corpus was found to be 27.02.1999. Consequently, the Child Welfare Committee directed that the corpus- Mamta is major and she may go wherever she likes.

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Upon consideration of the averments contained in the accompanying affidavit as well as annexures, which is annexed in this writ petition, obviously order/direction passed by Child Welfare Committee dated 25.07.2018 is in the way of the petitioner and this may be challenged by having recourse to proper procedure prescribed by law. Habeas Corpus Writ Petition does not lie for redressal of grievance of petitioner no.2. He may approach the appropriate forum at his wisdom.

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For the aforesaid observations, this Habeas

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Corpus Writ Petition is disposed off.

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However, observation so made shall not touch the merit of the case.

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Order Date :- 29.8.2018 Raj

Mamta (Minor ) and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Mamta (Minor ) and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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