Dismissed

Shree Shukla (Detenue ) Thru. Her Mother Nidhi Shukla v. Smt. Maya Devi and 2 Others

Allahabad HC17 Dec 2024HABC/381/2024

Case brief

AI extract

What is this about?

In a habeas corpus petition seeking the production and transfer of a 12-year-old girl to her mother, the Allahabad High Court recorded the girl's statement indicating her preference to stay with her grandmother and aunt. Finding the child mature, the court dismissed the petition.

What did the court decide?

The writ petition for habeas corpus praying for the production and handing over of the petitioners to her mother was dismissed.

Shree Shukla (Detenue ) Thru. Her Mother… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:84606

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Court No. - 12

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Case :- HABEAS CORPUS WRIT PETITION No. - 381 of 2024

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Petitioner :- Shree Shukla (Detenue ) Thru. Her Mother Nidhi Shukla

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Respondent :- Smt. Maya Devi And 2 Others

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Counsel for Petitioner :- Chandra Shekhar Singh Yadav,Ranjit Yadav

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Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Instructions received from Shri Sunil Kumar Tiwari, SubInspector, PS- Kotwali Sadar, District - Ayodhya, is taken on record.

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Vakalatnama filed by Shri Sumit Chauhan, Advocate on behalf of the respondent nos. 1 and 2 in Court today is taken on record.

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The corpus/Shree Shukla is present before this Court, who has been identified by Shri Sumit Chauhan, Advocate.

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Heard learned counsel for the petitioner, Shri S.P. Tiwari, learned A.G.A. appearing for the respondent no. 3 and Shri Sumit Chauhan, learned counsel for the respondent nos. 1 and 2.

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The instant writ petition has been filed praying for following main relief:

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"A writ, order of direction in the nature of Habeas Corpus directing the opposite parties to produce the detenue before this Hon'ble Court and further directed to opposite party no. 1 and 2 to handover the detenue to her mother who is real daughter of Nidhi Shukla"

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Shri Sumit Chauhan, learned counsel for the respondent nos. 1 and 2 stated that the corpus is not in illegal custody of the private-respondents and if she wishes, her custody be provided to Next Friend, Natural Guardian and Her Mother namely Nidhi

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Shukla, who is living separately from her matrimonial home after the death of her husband namely Vijay Kumar Shukla.

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Ms. Shree Shukla, the corpus, who is present before this Court stated that she is aged about twelve years and studies in Class VII in Shri Maharaja Agrasen Vidya Mandir, Lakhimpur Kheri. She further stated that on 15.09.2024, her father died and she does not want to live with her mother. She further stated that the respondent no. 1 (grandmother) and the respondent no. 2 (aunt/ bua ) are taking due care.

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The aforesaid statement of the corpus is recorded.

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Taking note of the aforesaid statement of the corpus, who is mature enough to take decision, this Court is not inclined to accede the prayers sought in this petition. Accordingly, it is dismissed .

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Order Date :- 17.12.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shree Shukla (Detenue ) Thru. Her Mother Nidhi Shukla v. Smt. Maya Devi and 2 Others

Case brief

What is this about?

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Shree Shukla (Detenue ) Thru. Her Mother Nidhi Shukla v. Smt. Maya Devi and 2 Others

Case brief

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