Writ petition in habeas corpus seeking production of minor child disposed of by directing petitioner to approach appropriate forum for custody petition while interim arrangements continue.
Disposed of; liberty granted to approach appropriate forum for custody; interim arrangements of order dated 21.04.2023 continue.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(CRL)No.29 of 2023
Neha Parween
Petitioner
Mr. J.K. Khuntia, Advocate
-versus-
State of Odisha & others …. Opp. Parties
Mrs. Saswata Patnaik Addl. Govt. Advocate for opposite parties nos.1 to3
Mr. D.K. Sahoo, Advocate for opposite party no.4
Order No.
CORAM:
JUSTICE S.K. SAHOO
JUSTICE SIBO SANKAR MISHRA
ORDER
03.10.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
The petitioner Neha Parween has filed this writ petition in the nature of habeas corpus with a prayer to direct the opposite parties nos.2 and 3 to physically produce her minor son before this Court with a further prayer to issue direction to the opposite party no.3 for taking necessary steps against opposite party no.4 for illegally and forcibly taking the son of the petitioner to his custody.
It appears that on 21.04.2023, when the matter
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was taken up, this Court directed that the custody of Asim Sk., the minor son of the petitioner and the opposite party no.4 to remain temporarily with the opposite party no.4 and the opposite party no.4 was directed to allow the petitioner to visit her son at her convenient time but she will remain always under obligation not to distress the child emotionally.
It is stated at the bar that now the child is in the custody of his father i.e. opposite party no.4 and twice the petitioner has visited her son and nothing has been stated against the conduct of the opposite party no.4 in not allowing the petitioner to meet her son.
Learned counsel for the petitioner submitted that the best interest of the child could be served if he remains in the custody of the petitioner who can take better care of her child.
There are appropriate alternative remedies available to the petitioner for claiming guardianship of the child and since the child is now staying with the opposite party no.4, who is his father as per the order of this Court, at this juncture, it cannot be said that there is any unlawful detention or wrongful confinement of the child more particularly when the opposite party no.4 has obeyed the order of this Court dated 21.04.2023 and allowed the petitioner to visit her son.
The writ petition stands disposed of giving liberty to the petitioner to approach the appropriate forum seeking
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remedy for getting custody of the child which would be adjudicated in accordance with law and until the said forum passes any interim order for the custody of the child or disposes of the matter or whichever is earlier, the interim arrangement made as per the order of this Court dated 21.04.2023 shall continue.
Accordingly, the writ petition stands disposed of.
sipun
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Signature Not Verified
Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 05-Oct-2023 16:53:10
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2 issues framed by the court
Whether the petitioner can secure the physical production of her minor son through a writ petition in habeas corpus nature.
Whether the current arrangement of child custody violates any statutory provisions for the best interest of the child.
Neha Parween
State of Odisha
Opposite Party No. 2
Opposite Party No. 3
Opposite Party No. 4
S.K. Sahoo
Sibo Sankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
