This petition for habeas corpus sought recovery of two children from the father. The respondent counsel argued the father was the natural guardian, negating illegal detention, leading to the court deeming the petition not maintainable without addressing the substantive claim.
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Court No. - 87
Case :- HABEAS CORPUS WRIT PETITION No. - 301 of 2022
Petitioner :- Shiba And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Prasad Shukla Counsel for Respondent :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Rajendra Prasad Shukla, learned counsel for the petitioners and Mr. P.K. Sahi, learned Additional Government Advocate for the State.
This writ petition has been filed by the mother of the corpus for issuing a writ, order or direction in the nature of Habeas Corpus to recover the corpus Mahin and Master Riyyan, the petitioner nos.2 and 3, who are said to be in illegal custody of respondent no.4 Asif.
At the outset, learned A.G.A. Mr. P.K. Sahi has raised a preliminary objection as regards the maintainability of this petition. He has submitted that since the father is also the natural guardian of the corpus/child, therefore, it can not be said that the corpus is in illegal detention of the father. It is settled law that the writ of habeas corpus is not to be issued as a matter of course and clear grounds must be made out for issuance of writ of habeas corpus.
Moreover, the learned counsel for the petitioners has not been able to make out a case of illegal confinement, hence, the petition is not maintainable. The writ petition is, accordingly, dismissed as not maintainable.
In case the petitioners have any grievance, they would be at liberty to take recourse to appropriate remedy in appropriate forum.
Order Date :- 12.5.2022 Ajeet
Digitally signed by AJEET KUMAR PATEL Date: 2022.05.12 15:24:54 IST Reason: Location: High Court of Judicature at Allahabad
Shiba And 2 Others
State Of U.P.
Asif
Shekhar Kumar Yadav
As recorded by the court registry
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