Km. Avani Gupta Thru. Next Friend Her Father Apoorva K Gupta Vs State of U.P. Thru. Prin. Secy. Deptt. of Home and Ors.

Neutral Citation No. - 2024:AHC-LKO:4455

Court No. - 16

Case :- HABEAS CORPUS WRIT PETITION No. - 12317 of 2017

Petitioner :- Km. Avani Gupta Thru. Next Friend Her Father Apoorva K Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Ors.

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Counsel for Petitioner :- Vishnu Kumar Srivastava Counsel for Respondent :- Govt. Advocate,Ravi P. Singh,Sagar Singh,Shri Ram Maurya

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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 Ashok Kumar Srivastava, learned A.G.A. for the Staterespondents is present.

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The present petition has been filed on behalf of petitioner, namely-Apoorva K. Gupta seeking following reliefs:-

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"I. Issue a writ, order or direction in the nature of Habeas Corpus thereby directed the opposite party No. 3 to produce the dentenue namely-Km. Avni Gupta before this Hon'ble Court and hand over the custody of the petitioner (Km. Avni Gupta) to the father of the detenue.

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II. Issue an order or direction to the opposite parties not to interfere with the father of detenue to meet him from his daughter/detenue (Km. Avni Gupta)

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III...

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IV..."

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As per the averments made in the present petition, learned counsel for the petitioner submits that the petitioner is the father of the minor child and the mother and her family members have illegally detained the minor child with them, thus, this Court may issue a direction in this regard so that the custody of the minor child be given to the father, the next friend.

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Learned A.G.A. for the State submits that the relief sought in this Habeas Corpus Writ Petition could not be granted by this Court as the father of the minor child could not be able to point out any illegality or any infirmity regarding the custody with

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the mother. Thus, the prayer made in this petition could not be granted by this Court and if the father 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 going through the averments made in the petition and after hearing learned A.G.A. for the State-respondents, this Court does not find any ground to entertain this petition if the petitioner is aggrieved regarding custody of a minor child he 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 child.

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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

Km. Avani Gupta Thru. Next Friend Her Father Apoorva K Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Ors.

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Km. Avani Gupta Thru. Next Friend Her Father Apoorva K Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Ors.

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