Dismissed

Master Ansh Kumar Gautam and Anr. Minor Thru. Mother Deepika v. S.S.P. Distt. Lucknow and Ors.

Allahabad HC16 Jan 2024HABC/14042/2019

Case brief

AI extract

What is this about?

The court disposed of a habeas corpus petition filed by a mother seeking custody of her minor children detained by the father. The court held that custody disputes must be approached via the Guardians and Wards Act or Hindu Minority and Guardianship Act, not habeas corpus.

What did the court decide?

Petition disposed; Liberty to approach competent court for custody under relevant Acts.

Master Ansh Kumar Gautam and Anr. Minor… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4507

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Court No. - 16

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Case :- HABEAS CORPUS WRIT PETITION No. - 14042 of 2019

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Petitioner :- Master Ansh Kumar Gautam And Anr. Minor Thru. Mother Deepika Respondent :- S.S.P. Distt. Lucknow And Ors. Counsel for Petitioner :- Anil Kumar Gupta,Smt. Ruchi Gupta Counsel for Respondent :- G.A.,Satyendra Kumar

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Hon'ble Shamim Ahmed,J.

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List has been revised.

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None has appeared on behalf of the petitioners to press this petition.

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Sri Bhasker Mal, learned A.G.A. for the State is present.

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This Habeas Corpus petition has been filed with the following reliefs:

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"to issue a writ order or directions in the nature of Habeas corpus to the opposite number 01 & 02 directing and commanding the opposite party number 01 & 02 to produce the petitioners before this Hon'ble court and allow to them for stay with his mother as per his consent after recording his statement. "

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As per the averments made in the present petition, the petitioner is the mother of the minor children and the father and his family members have illegally detained the minor children with them, 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 submits 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 forum under the Guardians and Wards Act, 1890 or Hindu Minority and Guardianship Act, 1956 for claiming the custody of minor children in accordance with law.

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After going through the averments made in the petition and

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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 children 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 children.

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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

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Arvind

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Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Master Ansh Kumar Gautam and Anr. Minor Thru. Mother Deepika v. S.S.P. Distt. Lucknow and Ors.

Case brief

What is this about?

What did the court decide?

Master Ansh Kumar Gautam and Anr. Minor Thru. Mother Deepika v. S.S.P. Distt. Lucknow and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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