Disposed¶13

Kashish Thru. Her Mother/ Legal Guardian Smt. Reena v. State of U.P. Thru. Secy. Home, Lucknow and 5 Others

Habeas Corpus – Custody of minor

Allahabad HC8 Jan 2024/3/2024

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What is this about?

Allahabad High Court, Lucknow Bench (Court No. 16); Habeas Corpus Writ Petition No. 3 of 2024; decided 8.1.2024 by Hon'ble Shamim Ahmed, J. Mother's habeas corpus petition seeking production of minor daughter Kashish from the father's custody and handover of custody to her; no illegality in the father's custody pointed out; petition disposed of with liberty to pursue custody claims under the Guardians and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956. No precedents cited; no quantum involved.

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. ¶13

Kashish Thru. Her Mother/ Legal Guardian… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1587

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Court No. - 16

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Case :- HABEAS CORPUS WRIT PETITION No. - 3 of 2024

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Petitioner :- Kashish Thru. Her Mother/ Legal Guardian Smt. Reena Respondent :- State Of U.P. Thru. Secy. Home, Lucknow And 5 Others

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Counsel for Petitioner :- Tauqueer Alam Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Tauqueer Alam, 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 relief:

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"issue a writ, order or direction in the nature of habeas corpus commanding and directing the opposite parties to produce the detenue namely Kashish before this Hon'ble Court forthwith and hand over her custody to the petitioner (mother of the detenue), in the interest of justice."

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Learned counsel for the petitioner 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 and Guardianship Act, 1956 for claiming the custody of minor child in accordance with law.

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After some argument, learned counsel for the petitioner submits that he may be permitted to approach 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 appropriate forum in accordance with law for claiming the custody of minor child.

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Order Date :- 8.1.2024 Saurabh

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

Kashish Thru. Her Mother/ Legal Guardian Smt. Reena v. State of U.P. Thru. Secy. Home, Lucknow and 5 Others

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Kashish Thru. Her Mother/ Legal Guardian Smt. Reena v. State of U.P. Thru. Secy. Home, Lucknow and 5 Others

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