A habeas corpus petition was filed to secure custody of the petitioner's minor son from the mother. The court held that custody matters are for the civil court. Finding the child was not illegally confined, the petition was dismissed as it lacked merits for this forum.
The direction to produce the minor son and grant custody was denied.
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Court No. - 90
Case :- HABEAS CORPUS WRIT PETITION No. - 127 of 2022
Petitioner :- Amar Nath Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiva Kant Tiwari Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of this habeas corpus petition a direction is sought to the respondents to produce the corpus Arush Singh Yadav before this court and provide custody of the corpus to the petitioner.
It is argued by the learned counsel for the petitioner that the son of the petitioner, whose date of birth is 12.11.2012, is in custody of his mother, the respondent no.4, Smt. Anita, for the last 6-7 years. As he is working as Head Constable in Railway police, so he has better means than that of the respondent no. 4 to look after, maintain and give better education to the son.
Per contra the learned A.G.A. submits that both, the petitioner and the respondent no. 4, are guardians of their minor son Arush Singh Yadav. Only the well being of the child is to be seen by the court.
Admittedly, the child is in the custody of his mother for the last 6-7 years and the custody of mother cannot be said to be illegal confinement in any manner. So far as the custody of the child is concerned, this court cannot be said to be a proper forum for deciding custody of a child. The petitioner may move to civil court for this purpose. In my opinion, this petition lacks merits and is liable to be dismissed.
The writ petition is hereby dismissed.
Order Date :- 10.3.2022 Gss
Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.03.10 17:44:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a habeas corpus petition is the proper forum to decide child custody.
Whether the petitioner has a better claim to custody over his minor son than the mother.
Amar Nath
State Of U.P.
3 Others
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
