The court dismissed a habeas corpus petition filed by a father seeking custody of his minor daughter. The petition was held not maintainable as it was filed in response to an application for maintenance during a pending family dispute.
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Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 714 of 2020
Petitioner :- Km. Shristi (Minor) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Girish Chandra Maurya Counsel for Respondent :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Girish Chandra Maurya, learned counsel for the petitioners and Sri Sanjay Sharma, learned Additional Government Advocate appearing for the State-respondents.
The grievance of the petitioner no.2 is with regard to the custody of the petitioner no.1 whom he claims to be his minor daughter.
The facts of the case as disclosed in the petition indicate that the petitioner no.2 and the respondent no.4 had obtained divorce in terms of a divorce decree dated 17.09.2009. The petitioner no.1 is stated to have been born on 10.08.2007 and at the time of the divorce decree she was about two years of age and remained in custody of her mother.
An application has been filed before the Principal Family Judge, Family Court, Kanpur registered as Case No.1901 of 2019 on behalf of the petitioner no.1 under Section 125 Cr.P.C. seeking maintenance from petitioner no.2.
The present petition filed by the petitioner no.2 seeking custodial rights of petitioner no.1 appears to have been filed as a response to the aforesaid application filed for maintenance, and it is therefore not liable to be entertained.
In view of the aforesaid reasons, this Court is not inclined to entertain the present petition for a writ of habeas corpus and it is accordingly dismissed.
Order Date :- 4.1.2021 Shahroz
(Dr. Y.K. Srivastava,J.)
1 issue framed by the court
Whether a habeas corpus petition challenging child custody during pending family disputes is maintainable.
Km. Shristi (Minor) And Another
State Of U.P.
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
