Disposed

Faraaz Farooqui Thru. Their Guardian Smt. Subiya Abbasi andANR v. Fuzail Farooqui and Ors.

Allahabad HC16 Jan 2024HABC/11958/2017

Case brief

AI extract

What is this about?

In this habeas corpus petition, the mother of minors sought custody from the father. The Court held that without establishing illegality in the custody arrangement, the writ cannot be granted and directed the petitioner to approach civil courts under the relevant guardianship acts.

What did the court decide?

Petition disposed with liberty to approach appropriate forum for custody under relevant acts.

Faraaz Farooqui Thru. Their Guardian Smt… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4440

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Court No. - 16

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Case :- HABEAS CORPUS WRIT PETITION No. - 11958 of 2017

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Petitioner :- Faraaz Farooqui Thru. Their Guardian Smt. Subiya Abbasi Andanr Respondent :- Fuzail Farooqui And Ors. Counsel for Petitioner :- Shailendra Singh Rajawat Counsel for Respondent :- Govt. Advocate,Khaleeq Ahmad Khan

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Hon'ble Shamim Ahmed,J.

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List has been revised.

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No one is present on behalf of the petitioner, however, Shri Khalid Ameen Khan, Advocate holding brief of Shri Khaleeq Ahmad Khan, learned Counsel for respondent Nos. 1 to 4 and Shri Ashok Kumar Srivastava, learned A.G.A. for the Staterespondent are present.

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The present petition on behalf of the petitioner, namely-Smt. Subiya Abbasi has been filed seeking following reliefs:-

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"(i) issue a writ, order or direction in the nature of Habeas Corpus, commanding the opposite party Nos.1 to 4 to produce the detenues before the Hon'ble Court for handing over them to their mother.

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(ii)...

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(iii)..."

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As per the averments made in the petitioner, learned counsel for the petitioner submits that the petitioner is mother of the minor children and the father has illegally detained the minor children with him, thus, this Court may issue a direction in this regard so that the custody of the minor children be given to the mother, the next friend.

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Learned A.G.A. for the State as well as learned Counsel for respondent Nos.1 to 4 submit that the relief sought in this Habeas Corpus Writ Petition could not be granted by this Court as the mother of the minor children 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 children, then the remedy lies before the appropriate

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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 going through the averments made in the present petition and after hearing learned A.G.A. as well as learned counsel for the respondent Nos.1 to 4, this Court does not find any ground to entertain this petition, if the petitioner, namelySmt. Subiya Abbasi is aggrieved, she may 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 children.

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Order Date :- 16.1.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Faraaz Farooqui Thru. Their Guardian Smt. Subiya Abbasi andANR v. Fuzail Farooqui and Ors.

Case brief

What is this about?

What did the court decide?

Faraaz Farooqui Thru. Their Guardian Smt. Subiya Abbasi andANR v. Fuzail Farooqui and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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