Habeas corpus petition dismissed as petitioner seeks custody of minor child currently with mother. Court held statutory application is the appropriate remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 689 of 2020
Petitioner :- Krishna Gopal Pandey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hari Shankar Chaurasia Counsel for Respondent :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Hari Shankar Chaurasia, learned counsel for the petitioner and Sri Sanjay Sharma, learned AGA appearing for the State-respondents.
The petitioner who is the father of the respondent no.6 has filed the present writ petition seeking a writ of habeas corpus for custodial rights of the respondent no.6 who is presently stated to be in custody of respondent no.5 who is the mother of respondent no.6. In the event the petitioner is seeking custodial rights of his minor child, the remedy would be to move an appropriate application under the statutory provision provided for the purpose.
Learned counsel for the petitioner does not dispute the aforesaid legal proposition.
In view of the aforesaid, the present petition for writ of habeas corpus is not liable to be entertained and, accordingly, the same stands dismissed.
Order Date :- 4.1.2021 Shahroz
(Dr. Y.K. Srivastava,J.)
1 issue framed by the court
Whether a habeas corpus petition can be entertained to claim custodial rights over a minor kept by the mother when the appropriate remedy is a statutory application.
Krishna Gopal Pandey
State Of U.P.
5 Others
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
