A mother sought habeas corpus for custody of her minor child allegedly detained by the father. The State argued no illegality in the father's custody and that remedy lay under guardianship statutes. The petition was disposed of with liberty to approach the appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:1587
Court No. - 16
Case :- HABEAS CORPUS WRIT PETITION No. - 3 of 2024
Petitioner :- Kashish Thru. Her Mother/ Legal Guardian Smt. Reena Respondent :- State Of U.P. Thru. Secy. Home, Lucknow And 5 Others Counsel for Petitioner :- Tauqueer Alam Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Tauqueer Alam, learned counsel for the petitioner as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.
This Habeas Corpus Writ Petition has been filed with the following relief:
"issue a writ, order or direction in the nature of habeas corpus commanding and directing the opposite parties to produce the detenue namely Kashish before this Hon'ble Court forthwith and hand over her custody to the petitioner (mother of the detenue), in the interest of justice."
Learned counsel for the petitioner submits that the petitioner is mother of the minor child and the father has illegally detained the minor child with him, thus, this Court may issue a direction in this regard so that the custody of the minor child be given to the mother, the next friend.
Learned A.G.A.-I 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 child 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 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.
After some argument, learned counsel for the petitioner submits that he may be permitted to 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.
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.
Order Date :- 8.1.2024 Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether habeas corpus could be used to secure custody of a minor allegedly detained by her father.
2 provisions across 2 enactments
Kashish thru. her mother/legal guardian Smt. Reena
State of U.P. thru. Secy. Home, Lucknow
Shamim Ahmed
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
