Disposed

Maulik Saraswat (Minor Corpus) Thru. His Mother Smt. Swati Sharma v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 4 Others

Allahabad HC23 Jan 2024HABC/17/2024

Case brief

AI extract

What is this about?

The court issued directions regarding the custody of a minor child detained in a habeas corpus petition. Pending a permanent arrangement, the child was allowed to live with the mother during examination, with specified visitation and communication rights for the father.

What did the court decide?

Minor allowed to live with mother from 19.02.2024 to 18.03.2024 with specified visitation and communication rights for father.

Maulik Saraswat (Minor Corpus) Thru. His… — Child Custody and Guardianship | Allahabad HC (2024)

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Court No. - 16

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Case :- HABEAS CORPUS WRIT PETITION No. - 17 of 2024

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Petitioner :- Maulik Saraswat (Minor Corpus) Thru. His Mother Smt. Swati Sharma Respondent :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And 4 Others

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Counsel for Petitioner :- Sachin Upadhyay,Shivendra S Singh Rathore

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Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Sachin Upadhyay, Advocate assisted by Sri Shivendra Shivam Singh Rathore, and Sri Taj Dar Ahmad, learned counsel for the petitioner, Sri Anoop Kumar Upadhyay, learned counsel for the opposite party no.5 as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State.

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In compliance of the order dated 23.01.2024, the detenue, namely, Maulik Saraswat is produced by the Head Constable No. 307, Raja Ram, Police Station Sudala, District Jaipur alongwith respondent no.5, namely, Mayank Sharma. The petitioner Smt. Swati Sharma is also present before this Court in person. Parents of both the parties are also present before this Court in person. All of them have been identified by their respective counsel.

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After some arguments and discussions, the petitioner, Smt. Swati Sharma as well as respondent no.5, Mayank Sharma submit before this Court that whatever the dispute is between them, the same has now been resolved and they will try to pacify the matter and will live together. Their parents also submit before this Court that they will co-operate so that the matrimonial life of their children will be maintained and the future of the detenue, Maulik Saraswat shall also be maintained.

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When this Court asked the detenue, Maulik Saraswat that with whom he want to live, he fairly submits that he want to live with both the parents. He also submits that he is a student of Class 9 of City Montessori School, Aliganj, Lucknow and is going to appear for his final term examination commencing from 21.02.2024 till 03.03.2024 but due to some family problem, he will not be able to achieve good marks but he will try in future to do better and secure good marks.

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The detenue, Maulik Saraswat further submits that during the

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period of his examination, he wants to live with his mother, Smt. Swati Sharma.

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The respondent no.5, Mayank Sharma has no objection to the proposal.

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Learned A.G.A.-I for the State also submits that as proposed by the corpus, Maulik Saraswat as well as the respondent no.5, Mayank Sharma, the corpus be allowed to live with the mother, Smt. Swati Sharma till the examination is over and thereafter some permanent arrangement be made by the Court as the parents of corpus are also interested to build the future of the minor child.

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After considering the arguments advanced by learned counsel for the respective parties, this Court is also of the view that the paramount consideration before this Court is future of the child and also the wish of the child, whereas the child Maulik Saraswat has expressed his desire to live with the mother during his examination and thereafter he will try his best effort so that both the parents may live with him.

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The Court is also of the view that due to some ego problem, the family should not be separated and may live together their happily married life alongwith the child. The respondent no.5, Mayank Sharma is on a very reputed post in H.D.F.C. Bank as a Vice President and is also a qualified person. He submits that he will also accommodate and try to live happily alongwith his wife and child.

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Smt. Swati Sharma is also a teacher in City Montessori School, Lucknow and assured before this Court that whatever the minor dispute arose between her and her husband, that will be resolved and she will also live together with her husband to build the future of her child.

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Accordingly, this Court issues following directions:-

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i) The minor child, Maulik Saraswat will live with her mother, Smt. Swati Sharma w.e.f. 19.02.2024 till 18.03.2024.

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ii) During the vacation, if father, Mayank Sharma wants to take the wife, Smt. Swati Sharma and child, Maulik Saraswat to Jaipur, he is permitted to do so.

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iii) Mr. Mayank Sharma may visit at any time whenever he desires to come Lucknow to meet his child, Maulik Saraswat and his wife, Smt. Swati Sharma and he may also take the child and wife for shopping in the Malls or to any other visiting place

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for social and cultural development of the child. He may take lunch and dinner with his wife and child whenever he wants.

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iv) Mr. Mayank Sharma is also allowed to talk over the telephone, mobile phone, whatsapp video call, audio call etc. with his son, Maulik Saraswat when he is residing in Jaipur between 07:30 P.M. to 08:00 P.M. During the same period, the grandparents of the minor child, Maulik Saraswat may also talk to him.

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Put up this case on 18.03.2024 for further hearing.

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On the next date of listing, the petitioner, Smt. Swati Sharma, the respondent no.5, Mayank Sharma and the detenue, Maulik Saraswat shall appear in person before this Court.

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Personal presence of police personnel is discharged till further orders.

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Order Date :- 19.2.2024 Saurabh

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

Maulik Saraswat (Minor Corpus) Thru. His Mother Smt. Swati Sharma v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Maulik Saraswat (Minor Corpus) Thru. His Mother Smt. Swati Sharma v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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