Dismissed

Khaleda Farhankhan Pathan v. State of Gujarat

Gujarat HC14 Dec 2021SCR.A/10671/2021

Case brief

AI extract

What is this about?

Petitioner mother moved for habeas corpus to produce her minor daughter alleging unlawful detention. Court rejected the petition at admission stage, holding custody disputes governed by the Guardians and Wards Act, beyond writ jurisdiction.

What did the court decide?

Petition under Article 226 rejected at admission stage as beyond jurisdiction of habeas corpus; legal recourse under Guardians and Wards Act directed.

Khaleda Farhankhan Pathan Vs State of Gujarat — Child Custody and Guardianship | Gujarat HC (2021)

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R/SCR.A/10671/2021 ORDER DATED: 14/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 10671 of 2021

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KHALEDA FARHANKHAN PATHAN

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Versus STATE OF GUJARAT

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Appearance:

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NILAY H PATEL(7856) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3,4,5,6,7 MS JIRGA JHAVERI APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

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Date : 14/12/2021

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ORAL ORDER

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(PER : HONOURABLE MR. JUSTICE S.H.VORA)

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By way of present petition under Article 226 of the Constitution of India, the petitioner-mother seeks to issue a writ of Habeas Corpus and thereby to produce corpus viz., Aaliya Farhankhan Pathan aged nine years.

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It appears that petitioner and respondent No.4 got married in the year 2011 and as per say of the petitioner, on account of some matrimonial dispute, the petitioner is staying at her parental home since more than one year with her minor daughter. According to the petitioner, petitioner was called at the house of her husband on 12/10/2021 and thereafter she was called at Juhapura Bhajiya House where she was beaten up on road and respondent No.4 forcibly took minor daughter on vehicle. Thereafter, the petitioner gave complaint regarding the incident before the Vejalpur Police Station and Gaikwad

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Page 1 of 2

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R/SCR.A/10671/2021 ORDER DATED: 14/12/2021

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Haveli Police Station.

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Learned APP places on record the police papers for perusal of the Court and it is noticed therefrom that petitioner and respondent No.4 took divorce on 19/08/2014 and in the said divorce deed, the custody of the minor is agreed to be kept with respondent No.4 and to that effect such averments are made in the said divorce deed.

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In view of such position, it appears that the minor daughter is not in illegal confinement or custody of respondent No.4 and prima-facie, it appears that the petitioner by filing the present proceedings is trying to take the custody of minor which in the considered opinion of this Court beyond the jurisdiction of habeas corpus petition. Under the circumstances, when the legal recourse under the Guardians and Wards Act is available to the petitioner, present petition deserves to be and it is accordingly rejected at the admission stage.

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(S.H.VORA, J)

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(ANIRUDDHA P. MAYEE,J)

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sompura

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Page 2 of 2

Khaleda Farhankhan Pathan v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Khaleda Farhankhan Pathan v. State of Gujarat

Case brief

What is this about?

What did the court decide?

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