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(2024) Law Today Live Doc. Id. 20466 = 2024:UHC:7988-DB
Decided on: 24.10.2024
Counsel for the petitioner:
Mr. Jai Krishna Pandey, learned counsel.
Counsel for the respondents:
Mr. J.S.Virk, learned Deputy Advocate General for the State with Mr. R.K. Joshi, learned Brief Holder for the State.
Mr. Niranjan Bhatt, learned counsel for respondent No. 4.
Constitution of India, Article 226 -- Writ of Habeas Corpus by mother – Maintainability of -- Custody of girl child with grandparents -- Girl child stated that she is happy with her grand-parents, who are taking good care of her -- However, she stated that she wants that her mother may join their company so that the entire family stays together -- Since the custody of the minor girl with the father and grand-parents cannot be termed as unlawful, no scope for interference in this Habeas Corpus Petition – Writ dismissed.
(Para 1, 2, 7, 8)
JUDGMENT
MANOJ KUMAR TIWARI, A.C.J. –
Petitioner is the mother of a girl child, who is aged about 8 years.
2. According to the petitioner, her daughter has been illegally detained by respondent Nos. 4 & 5, who are the father-in-law and the mother-in-law of the petitioner. Respondent No.6 is her husband.
3. In sequel to the order dated 21.10.2024, respondent Nos. 4 & 5 are present in Court along with Mr. Tikam Singh, Additional Sub Inspector and Ms. Manju Arya, L/HC04, Police Station Kotwali Uttarkashi, District Uttarkashi. The girl child, namely Ms. Shivaniya Nautiyal, was also produced, before the Court today, by the police officers.
4. We interacted with the petitioner, the girl child, and respondent Nos. 4 & 5.
5. The girl child stated that she is happy with her grand-parents, who are taking good care of her. However, she stated that she wants that her mother may join their company so that the entire family stays together.
6. Petitioner complained that she is not being permitted to meet her daughter and even she is not permitted to make telephone calls to her daughter.
7. Since the custody of the minor girl with the father and grand-parents cannot be termed as unlawful, therefore, we did not find any scope for interference in this Habeas Corpus Petition.
8. The instant Habeas Corpus Petition is, accordingly, dismissed with liberty to the petitioner to approach the appropriate forum for custody of the girl child as per law.
Petition dismissed.
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