The court dismissed a habeas corpus petition by a father seeking custody of his minor daughter. Relying on the Allahabad High Court Full Bench in Rachna, the court held the petition is not maintainable as custody was granted by the Child Welfare Committee under the Juvenile Justice Act.
The petition was dismissed as not maintainable.
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Neutral Citation No. - 2023:AHC:225744
RESERVED ON 22.11.2023 DELIVERED ON 30.11.2023
Court No. - 82
Case :- HABEAS CORPUS WRIT PETITION No. - 672 of 2023
Petitioner :- Khushboo And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Kumar Yadav Counsel for Respondent :- G.A.,Kumar Amit
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Kumar Amit, learned counsel appearing on behalf of opposite party no. 3.
In the instant habeas corpus writ petition, the petitioner no. 2 Rohan Maurya has sought the custody of petitioner no. 1 Khushboo (corpus) claiming her as his wife.
At the very outset, learned counsel for the respondent no. 3 states that the custody of the corpus Khushboo Yadav (minor daughter) has been given to the respondent no. 3 (father of the corpus) on the basis of the order passed by Child Welfare Committee, Prayagraj dated 03.02.2023.
In the Full Bench decision rendered by the Allahabad High Court in Rachna and Another vs. State of U.P. and others, AIR 2021 All. 109 , it has been held that a Writ of Habeas Corpus would not be maintainable if the detention of custody is pursuant to judicial orders passed by a Judicial Magistrate or a Court of Competent Jurisdiction or by the Child Welfare Committee. In case, corpus is aggrieved by order of Child Welfare Committee she is at liberty to take recourse of remedy of an appeal or revision provided under
Sections 101 and 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
In view of the aforesaid circumstances, the petition is not maintainable and is hereby dismissed .
Order Date :- 30.11.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled to maintenance of a habeas corpus writ petition to claim custody of a minor daughter detained pursuant to a Child Welfare Committee order.
Colour shows how this judgement treated each authority
Rachna and Another vs. State of U.P. and othersFollowed¶10
AIR 2021 All. 109 · Who else cites this
Khushboo And Another
State Of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
