Dismissed

Vishwamohini Tiwari (Minor) and 2 Others v. State of U.P. and 4 Others

Allahabad HC16 Aug 2023HABC/610/2023

Case brief

AI extract

What is this about?

Habeas corpus filed by eligible minors' father alleging illegal detention by grand-father. Court relied on minors' statement that they voluntarily live with grand-father and deny illegal confinement, rejecting the petition but granting father monthly visiting rights.

What did the court decide?

Habeas corpus petition dismissed. Petitioner father granted visiting right to meet minors once a month after prior intimation to respondent grand-father.

Vishwamohini Tiwari (Minor) and 2 Others Vs… — Child Custody and Guardianship | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:164586

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Court No. - 79

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Case :- HABEAS CORPUS WRIT PETITION No. - 610 of 2023

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Petitioner :- Vishwamohini Tiwari (Minor) And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashish Kumar Gupta Counsel for Respondent :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Sri Yadvesh Yadav, Advocate has put in appearance on behalf of respondent nos. 4 and 5 by filing his vakalatnama, which is taken on record.

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Heard Sri Ashish Kumar Gupta, learned counsel for the petitioner, learned A.G.A. for the State and learned counsel for the respondent nos. 4 and 5.

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This habeas corpus petition has been filed on behalf of corpus, namely Vishwamohini Tiwari and Balaji Tiwari through their father petitioner no.3, namely Jitendra Tiwari with the allegation that the corpus are illegally detained by respondent nos. 4 and 5, who are grand father and aunt of corpus.

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It is submitted by learned counsel for the petitioner that the petitioner no.3 is biological father of both the corpus and mother of corpus has died on 16.03.2020. It is further submitted that after the death of mother of corpus the petitioner no.3 solemnized marriage with Soni Tiwari in the month of November, 2020. After the second marriage of petitioner no.3 the corpus are illegally detained by respondent no.4, who is father of petitioner no.3 and grand-father of corpus.

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In compliance of order dated 18.07.2023, both the corpus have been produced by respondent no.4. Both the corpus, namely Vishwamohini Tiwari and Balaji Tiwari, who are aged about 16 years and 14 years, respectively are matured to understand the query of the Court. They state that they voluntarily live with their grand-father, who is respondent no.4 and they also denied that they are illegally detained by respondent no.4. They further state that they are not willing to go with their father, who is petitioner no.3. The corpus have further stated that since the petitioner no.3 has solemnized the marriage after the death of their mother to another

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lady, they are not willing to reside with the petitioner no.3. They further stated that they are studying in class 11th and 2nd, respectively and they are very happy with their grand-father.

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In view of statement of both the corpus that they willingly reside with their grand-father, it cannot be said that corpus are in illegal confinement of respondent nos. 4 and 5 in any manner. No cause of action survives and habeas corpus petition is liable to be dismissed.

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The habeas corpus petition is dismissed , accordingly.

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However, petitioner no.3, who is father of corpus is granted visiting right to meet the corpus once in a month after prior intimation to the respondent no.4.

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Order Date :- 16.8.2023 Virendra

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Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad

Vishwamohini Tiwari (Minor) and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Vishwamohini Tiwari (Minor) and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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