Disposed

Shashwat Aman Singh Thru. His Mother, Srimati Sakshi Singh and Another v. State of U.P. Thru. Prin. Secy. Home, Lucknow and 5 Others

Allahabad HC2 Jul 2024/108/2024

Case brief

AI extract

What is this about?

In this habeas corpus petition filed by a natural guardian for custody, the Allahabad High Court held that the appropriate forum is the family court under the Guardians and Wards Act or Hindu Minority and Guardianship Act. The petition was disposed without granting liberty pending family court proceedings.

What did the court decide?

Petition disposed directing parties to contest custody before the family court.

Shashwat Aman Singh Thru. His Mother… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45047

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Court No. - 16

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Case :- HABEAS CORPUS WRIT PETITION No. - 108 of 2024

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Petitioner :- Shashwat Aman Singh Thru. His Mother, Srimati Sakshi Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And 5 Others Counsel for Petitioner :- Shrikant Tripathi,Pawan Kumar Gautam Counsel for Respondent :- G.A.,Moti Lal Yadav

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Hon'ble Shamim Ahmed,J.

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Sri Rajesh Kumar Mishra, Advocate has filed his Vakalatnama today in Court on behalf of petitioners. The same is taken on record.

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Heard Sri Rajesh Kumar Mishra, learned counsel for the petitioner as well as Sri Moti Lal Yadav, learned counsel for the opposite party Nos. 5 and 6 and Sri Ashok Kumar Singh, learned A.G.A.-1 for the State.

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This petition has been filed with the following relief(s):

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"(i) issue a writ, order or direction in the nature of Habeas Corpus or any other Writ or Order of direction commanding the respondents to immediately produce the petitioner No.1 (Detenue) and handover the custody of the petitioner No.1 to petitioner No.2 (the mother and natural guardian of petitioner No.1) before this Hon'ble High Court and be set at liberty."

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Learned A.G.A.-I for the State submits that the relief sought in this Habeas Corpus Writ Petition could not be granted by this Court as the mother of the minor child could not be able to point out any illegality or any infirmity regarding the custody with the father. Thus, the prayer made in this petition could not be granted by this Court and if the mother wants custody of the minor child, then the remedy lies before the appropriate forum under the Guardians and Wards Act, 1890 or Hindu Minority and Guardianship Act, 1956 for claiming the custody of minor child in accordance with law.

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Sri Moti Lal Yadav, learned counsel for the opposite party Nos. 5 and 6 submits that the relief as sought by the petitioner cannot be granted as the petitioner's next friend Sakhi Singh has already filed a petition under Section 25 of Guardians and Wards Act, 1890 before the competent court for custody of her minor child before the Court of Principal Judge, Harodi bearing Case No. 21 of 2004, which is still pending and in this

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regard, he has already filed a copy of plaint as Annexure No.3 to the counter affidavit and in support of his argument he has also produced the copy of the questionnaire, which is taken on record.

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Sri Rajesh Kumar Mishra, learned counsel for the petitioners submits that he will pursue the matter before the family court.

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Accordingly, the petition is disposed of with the direction that the parties may contest the case before the family court for claiming the custody of minor child.

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Order Date :- 2.7.2024 Arvind

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Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Shashwat Aman Singh Thru. His Mother, Srimati Sakshi Singh and Another v. State of U.P. Thru. Prin. Secy. Home, Lucknow and 5 Others

Case brief

What is this about?

What did the court decide?

Shashwat Aman Singh Thru. His Mother, Srimati Sakshi Singh and Another v. State of U.P. Thru. Prin. Secy. Home, Lucknow and 5 Others

Case brief

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What did the court decide?

What the court decided

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