Dismissed

Reyansh Rajvanshi Thru. His Mother Sneh Lata Verma and Another v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Allahabad HC13 Nov 2024/334/2024

Case brief

AI extract

What is this about?

The petitioner filed a writ for habeas corpus seeking detention release and visitation rights for a minor child. The Allahabad High Court dismissed the petition due to lack of inclination citing the petitioner mother's separate residence, conflicting evidence on custody, and the existence of a pending Hindu Marriage Act suit.

What did the court decide?

Petitioner was granted liberty to avail remedy under law seeking custody of minor including instituting proceedings under Guardians and Wards Act, 1890.

Reyansh Rajvanshi Thru. His Mother… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:74756

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Court No. - 12

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Case :- HABEAS CORPUS WRIT PETITION No. - 334 of 2024

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Petitioner :- Reyansh Rajvanshi Thru. His Mother Sneh Lata Verma And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Petitioner :- Shailender Singh,Ankit Tiwari,Neelam Singh,Varun Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard.

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The present petition has been filed for 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 produce the petitioner- detenue before this Hon'ble Court and release her from the unsafe detention of the opposite parties and not to harass the petitioner- detenue unnecessarily.

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ii. issue a writ, order or direction directing the opposite parties to permit Petitioner No. 2 to meet the Petitioner No. 1 as the petitioner shall be granted visitation rights."

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This Court is not inclined to entertain the present petition, for the main relief sought, quoted above, for the following reasons:-

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(i) Petitioner no.2 mother of petitioner no.1 is living separately since 2020.

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(ii) According to the petitioner the opposite party no.3/Manoj Kumar Rajvanshi (husband of petitioner no.2) forcefully took the custody of detenue on 23.06.2024 and to establish this fact the reliance has been placed upon the deed of compromise dated 30.06.2024 annexed as Annexure No. 2, which indicates otherwise.

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(iii) The petitioner no.2 has already filed a suit under Section 13 of Hindu Marriage Act, 1955.

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For the reasons aforesaid, the present petition is dismissed with liberty to avail remedy as available to her/petitioner no.2 under law seeking custody of minor including instituting proceedings under Guardians and Wards Act, 1890.

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Order Date :- 13.11.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Reyansh Rajvanshi Thru. His Mother Sneh Lata Verma and Another v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

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Reyansh Rajvanshi Thru. His Mother Sneh Lata Verma and Another v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

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