Court dismissed a habeas corpus petition filed by a minor seeking visitation rights. The court held that the minor is not illegally detained by the mother and visitation claims do not fall under habeas corpus.
Petitioner's prayer for permission to meet the minor son in custody of his mother was rejected.
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Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 284 of 2022
Petitioner :- Abhay Pratap (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the petitioner as well as learned A.G.A.
The only prayer sought by means of present habeas corpus petition is that Awadhesh, father of the corpus should be permitted to meet his son-Abhay Pratap who is in custody of Smt. Renu Dhama, mother of the corpus.
By no stretch of imagination, minor son-Abhay Pratap who is in the captivity could be said that he is illegally detained by her mother. So far as visitation right is concerned, petitionerAwadhesh may invoke suitable remedy for the said purpose.
With the aforesaid observations, the present petition stands disposed of.
Order Date :- 22.4.2022
Sumit S
Digitally signed by SUMIT SRIVASTAVA Date: 2022.04.23 12:58:30 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a habeas corpus petition can be used to seek visitation rights of a minor in custody of his mother.
Abhay Pratap
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
