The court dismissed a habeas corpus petition filed by the father seeking custody of his minor daughters. The court held that the children were lawfully staying with the mother, facts evidenced by a maintenance order and pending proceedings. The petition was declared without substance.
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Neutral Citation No. - 2023:AHC:195616
Court No. - 81
Case :- HABEAS CORPUS WRIT PETITION No. - 861 of 2023
Petitioner :- Km. Aghya Sharma (Minor) And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat) Counsel for Respondent :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
Order Date :- 11.10.2023
Sumit Kumar
Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the custody of minor children with the mother constitutes illegal detention warranting habeas corpus relief.
Whether the existing maintenance order and pending guardianship petition preclude an allegation of illegal denial of access by the father.
4 provisions across 4 enactments
Km. Aghya Sharma and Two Others
State Of U.P. and Three Others
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
