Disposed

Aarna Agrawal Thru. Mother Preety Agrawal v. State of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Home Lko. and 4 Others

Allahabad HC5 Jan 2024/1/2024

Case brief

AI extract

What is this about?

This petition sought habeas corpus release of a minor detained with the father. The High Court found no illegality regarding the custody, directing the petitioner to approach the Guardians and Wards Act forum or Youth Protection Committee instead.

What did the court decide?

Petition disposed; liberty to approach competent authority under Guardians and Wards Act or Hindu Minority and Guardianship Act.

Aarna Agrawal Thru. Mother Preety Agrawal… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1261

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Court No. - 16

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Case :- HABEAS CORPUS WRIT PETITION No. - 1 of 2024

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Petitioner :- Aarna Agrawal Thru. Mother Preety Agrawal Respondent :- State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Home Lko. And 4 Others Counsel for Petitioner :- Umesh Singh,Rudra Pratap Singh Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Umesh Singh, learned counsel for the petitioner as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.

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This Habeas Corpus Writ Petition has been filed with the following main relief:

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"(i) issue a writ, order or direction in the nature of Habeas Corpus directing the opposite parties to release the detenue/petitioner in favour of mother, Preeti Agrawal.".

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Learned counsel for the petitioner submits that the petitioner has already lodged an F.I.R. on 17.12.2023, copy of which is annexed as annexure no.2 to the affidavit filed alongwith the petition. He further submits that even after lodging of F.I.R., the police is not doing anything. He further submits that inspite of lodging the F.I.R., the petitioner has also given an application before the 'Rajya Bal Adhikar Sarankshan Ayog, Lucknow' , copy of which is also annexed as annexure no.3 to the affidavit filed in support of the petition, however, nothing has been done till date.

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Learned counsel for the petitioner further submits that the petitioner is mother of the minor child and the father has illegally detained the minor child with him, thus, this Court may issue a direction in this regard so that the custody of the minor child be given to the mother, the next friend.

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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

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and Guardianship Act, 1956 for claiming the custody of minor child in accordance with law. He further submits that since the mother has lodged the F.I.R. and has also moved an application before the 'Rajya Bal Adhikar Sarankshan Ayog, Lucknow' , therefore, she may approach the competent authority for redressal of her grievance.

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After some argument, learned counsel for the petitioner submits that he may be permitted to approach the competent authority as well as the competent court in accordance with law under the Guardians and Wards Act, 1890 or Hindu Minority and Guardianship Act, 1956 for claiming the custody of minor child.

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Accordingly, the present writ petition is disposed of with liberty to the petitioner to approach the competent authority for redressal of her grievance or she may also approach the appropriate forum in accordance with law for claiming the custody of minor child.

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Order Date :- 5.1.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Aarna Agrawal Thru. Mother Preety Agrawal v. State of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Home Lko. and 4 Others

Case brief

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Aarna Agrawal Thru. Mother Preety Agrawal v. State of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Home Lko. and 4 Others

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