Dismissed¶28

Gopal Charan Tarai v. State of Odisha

Habeas Corpus – Custody of minor children

Orissa HC14 Jul 2025WPCRL/47/2025

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Case brief

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What is this about?

habeas corpus; minor child custody; mother's custody proper; missing since 21.04.2023; police apathy on missing complaint; Inspector-In-Charge Sukinda Police Station Jajpur; rescue; twin babies; CWC Jajpur order; safe home; voluntary departure from matrimonial home; writ court cannot order production or handover; alternative statutory forum; WPCRL; Orissa High Court Cuttack; petition dismissed.

What did the court decide?

The writ of habeas corpus cannot be extended where the custody of minor children is found to be proper. ¶26

Gopal Charan Tarai Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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WPCRL No.47 of 2025

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Gopal Charan Tarai

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Petitioner

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Mr. Amiya Kumar Tarai, Advocate

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-Versus-

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State of Odisha and others

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… Opposite Parties

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Mrs. Suman Pattanayak, Additional Government Advocate

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CORAM:

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THE HON’BLE THE CHIEF JUSTICE AND

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THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

02.

14.07.2025

The matter is taken up through Hybrid mode.

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The writ petition, in the nature of habeas corpus, was taken out by the husband of a lady who, according to him, was missing since 21.04.2023 along with the minor son aged about seven years. It is alleged in the instant writ petition that despite the missing complaint having been lodged with the police station, there was a complete apathy shown to him, nor has the police taken appropriate steps required in this regard.

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On the last occasion, the matter was adjourned to enable the learned Additional Government Advocate to take instruction.

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Today, she hands over the instruction received from the Inspector-In-Charge, Sukinda Police Station, District- Jajpur. It is revealed from the said instruction that the lady had been rescued and it transpires in course of interrogation that she had

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voluntarily left the matrimonial home and went to another place to live with another person. At the time of rescue, it appears that she has given birth to twin babies aged about one year. She is kept in a safe home run by the Government. Since the son and the newly born children, being minors, were produced before the CWC, Jajpur and on the basis of an order passed by the said authority, they are living in the safe home.

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The counsel for the petitioner submits that the petitioner is more concerned for his son.

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Signature Not Verified

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Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-Charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 15-Jul-2025 17:08:14

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The writ of habeas corpus cannot be extended where the custody of minor children is found to be proper. The son is in the proper custody of his mother and therefore, the writ Court exercising the powers relating to issuance of the habeas corpus cannot direct either the production of the son, who is found in proper custody, or can direct for handing over the custody to the petitioner.

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