Radhika, Thru. His Father Manoj Kumar Yadav v. State of U.P. Thru. Prin. Secy. Home and Others
Habeas Corpus – Custody of minor child
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Court No. 16), HABEAS CORPUS WRIT PETITION No. - 10 of 2023, decided 20.2.2024 by Hon'ble Shamim Ahmed, J.; Neutral Citation 2024:AHC-LKO:14966. Petitioner Radhika, through her father Manoj Kumar Yadav, sought a writ of habeas corpus commanding production of the minor detenue from the mother so that the father could have custody. None appeared for the petitioner; the learned A.G.A.-I (Ashok Kumar Singh) submitted no illegality in the mother's custody was pointed out and the remedy lies under the Guardians and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956. Petition disposed of with liberty to approach the appropriate forum in accordance with law for custody. Counsel: Suman Pandey for petitioner; G.A. for respondent.
What did the court decide?
Liberty to the petitioner to approach the appropriate forum in accordance with law for claiming the custody of the minor child; the habeas corpus relief as prayed was not granted.