Disposed

Rukhsar and Another v. State of U P and 2 Others

Allahabad HC16 Sept 2021HABC/49/2021

Case brief

AI extract

What is this about?

In a habeas corpus petition concerning minor custody pending further negotiations after a co-ordinate Bench order, the Single Bench exercised parens patriae jurisdiction and disposed of the petition by granting visiting rights to the grandfather and grandmother on public holidays under the welfare of the child.

What did the court decide?

Petitioner disposed off. Visiting rights granted to respondent no.3 (grandfather) and respondent no.2 (grandmother) on public holidays (Sundays) for 3-4 hours at petitioner's house.

Rukhsar and Another Vs State of U P and 2… — Child Custody and Guardianship | Allahabad HC (2021)

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Court No. - 49

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Case :- HABEAS CORPUS WRIT PETITION No. - 49 of 2021

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Petitioner :- Rukhsar And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rajesh Kumar Sharma,Abhas Sharma Counsel for Respondent :- G.A.,Ashish Kumar Gupta,Ayub Khan

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Hon'ble Vivek Agarwal,J.

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Heard Sri Abhas Sharma, learned counsel for the petitioners and Sri Ayub Khan, learned counsel for the respondent no.3.

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This petition, in fact, stood concluded, when orders were passed by a co-ordinate Bench of this Court on 18.03.2021, when custody of minor child was handed over to his mother in terms of the provisions contained in Section Section 352 of Mulla Principles of Mohammedan Law, 22nd Edition. Now matter is pending for further negotiations.

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Sri Ayub Khan, learned counsel for the respondent no.3 submits that it is necessary to call petitioner no.2-Master Azar and take his consent. This aspect has already been deliberated by a co-ordinate Bench while passing order on 18.03.2021, wherein, it has been observed that "learned counsel for the parties do not dispute the fact that taking into consideration the age of the petitioner no.2 which is about 6 years and 10 months, it may not be possible to ascertain his wishes and the questions with regard to his guardianship and custody would have to be decided by the court looking into the facts and circumstances in their entirety and in exercise of its parens patriae jurisdiction i.e. looking to the welfare of the child."

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In view of this fact, which has come on record, as far as corpus is now in the safe custody of her mother, only issue which can be given indulgence at this stage is that, respondent no.3 as a grandfather has both emotional and psychological attachment to his grandson which is of greater significance after having lost his son. This aspect can be addressed with the mutual consent of the parties to which, Sri Abhas Sharma, counsel for the petitioners has no objection, if visiting rights are granted to respondent no.3 and his wife namely, grandmother of the minor child to meet their grandson on a public holiday, namely, Sunday of every week as both are residents of the same town for 3-4 hours so that child also continues to enjoy love and

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affection of his grand parents besides being under guardianship, care and protection of his mother. It is expected and Sri Abhas Sharma, counsel for the petitioners undertakes to inform his client that she shall facilitate meeting of her child with respondent no.3 and his wife on each Sunday at an appropriate time, when the respondent along with his wife or alone will visit the house of the petitioner no.1, where they will be given facility and congenial environment for such interaction.

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In above terms, Petition is disposed off.

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Order Date :- 16.9.2021 Ashutosh

Rukhsar and Another v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Rukhsar and Another v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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