Dismissed

Raj Kumar Yadav and Another v. State of U.P. and 4 Others

Allahabad HC4 Feb 2020HABC/76/2020

Case brief

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What is this about?

Petitioners filed a writ petition under Habeas Corpus seeking production of a minor claimed to be in unlawful custody at a Government Women Shelter Home. Court held custody was pursuant to a Child Welfare Committee order and dismissed the petition.

What did the court decide?

The Habeas Corpus petition was dismissed with liberty to take other available legal remedies.

Raj Kumar Yadav and Another Vs State of… — Child Custody and Guardianship | Allahabad HC (2020)

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Court No. - 29

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Case :- HABEAS CORPUS WRIT PETITION No. - 76 of 2020

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Petitioner :- Raj Kumar Yadav And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh K. Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.

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

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Petitioners have invoked the writ jurisdiction of this Court for the production of the corpus- petitioner no.2 as she is in unlawful custody of the Government Women Shelter Home (Mahila Sharanalay), Gorakhpur.

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On the last occasion, we have given time to the learned A.G.A. to produce the order of the court or of the Child Welfare Committee which may have directed for keeping the petitioner no.2 in the aforesaid Government Women Shelter Home.

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In pursuance to the above, learned A.G.A. has filed a short counter affidavit annexing a copy of the order dated 11.12.2019 of the Child Welfare Committee, Kushi Nagar which has found the petitioner no.2 to be a minor and as such has directed for keeping her in the aforesaid Government Women Shelter Home.

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It may be pertinent to mention here that the petitioner no.1, who is claiming to be the husband of petitioner no.2 is facing investigation pursuant to the F.I.R. dated 16.07.2019 registered as Case Crime No.0230 of 2019, under Sections 363, 366 I.P.C., Police Station- Patherwa, District Kushi Nagar.

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It is well recognized that the writ of Habeas Corpus would lie only if it is prima facie established that the person or the corpus is in unlawful custody.

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In the present case since the petitioner no.2 has been sent to Government Women Shelter Home (Mahila Sharanalay), Gorakhpur pursuant to the order of the Child Welfare Committee, Kushi Nagar which is an appealable order under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, we are of the opinion that she is not in unlawful detention or custody.

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The petition for Habeas Corpus as such is devoid of merit and is accordingly dismissed with liberty to the petitioners to take recourse to the other remedies that may be available to them in law.

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Order Date :- 4.2.2020 Radhika

Raj Kumar Yadav and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Raj Kumar Yadav 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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