Sixth interim order in a habeas corpus writ petition. The court dismissed the petition noting the child was with his mother and grandparents, thus not wrongfully detained, and declined to carve out custody.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.63 of 2023
Sayed Abdul Majid
…. Petitioner
Mr. S.K. Sarangi, Advocate
-versus-
Sayed Mohammad Saquib …. Opp. Parties and others
Mr. Rajesh Tripathy
Addl. Standing Counsel (for
opposite parties nos.3, 4 & 5)
Mr. K.M.H. Niamati, Advocate
(for opposite parties nos.1, 2, 6
& 7)
CORAM:
JUSTICE S.K. SAHOO
JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
03.10.2023
03. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Order No.
None appears on behalf of the petitioner.
Heard learned counsel for the State and learned counsel for the opposite parties nos.1, 2, 6 and 7.
In this writ petition in the nature of habeas corpus, the petitioner Sayed Abdul Majid has prayed for a direction to the opposite parties nos.4 and 5 to recover the opposite party no.7 from the custody of opposite parties nos.1 and 2 and to hand over the opposite party no.7 to his custody.
// 2 //
Though on 08.09.2023 after interacting with opposite party no.7 in Court, we passed the order that the opposite party no.7 shall continue to remain in custody of opposite parties nos.1, 2 and 6 until further orders and if the petitioner wants to talk with his son i.e. opposite party no.7 either by mobile phone or through video call, the opposite parties nos.1, 2 and 6 shall allow the opposite party no.7 to talk with him, Mr. K.M.H. Niamati, learned counsel for the opposite parties nos.1, 2, 6 and 7 submitted that the petitioner has not made any call to the opposite party no.7 since that day though earlier he was in consistent touch with opposite party no.7.
Since the child is now staying with her mother and maternal grandparents, it cannot be said that he has been wrongfully detained or illegally confined.
Accordingly, the writ petition in the nature of habeas corpus stands disposed of.
Urgent certified copy of this order be granted as per rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge Signature Not Verified
Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication RKM Location: HIGH COURT OF ORISSA, CU TTACK Date: 05-Oct-2023 12:29:06
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Sayed Abdul Majid
Sayed Mohammad Saquib
S.K. Sahoo
Sibo Sankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
