Habeas corpus petition filed by a father on behalf of his minor daughter seeking visitation rights. The court held the appropriate remedy is under the Guardian and Wards Act and dismissed the writ.
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Court No. - 65
Case :- HABEAS CORPUS WRIT PETITION No. - 234 of 2022
Petitioner :- Ankila (Minor) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sheel Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The present habeas corpus writ petition has been filed by the father Nishank Tripathi, petitioner no.2 on behalf of petitioner no.1 Ankila, the minor daughter of 3-1/2 years, who is residing with her mother Purnima Awasthi.
Submission made by the counsel for the petitioner that the only prayer made by the father of the corpus is that he should be given visitation rights to meet her daughter.
For this, the appropriate remedy is to move under the Guardian and Wards Act for seeking visitation rights.
Accordingly, the present habeas corpus writ petition is dismissed.
Order Date :- 6.4.2022 Abhishek Sri.
Digitally signed by ABHISHEK RANJAN SRIVASTAVA Date: 2022.04.07 13:52:40 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a petition for visitation rights by a parent regarding a minor daughter can be entertained via a habeas corpus writ petition.
Ankila
Nishank Tripathi
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
