Mt. Kashvi Mahendra v. State of U.P. and 5 Others

Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 820 of 2023 Petitioner :- Mt. Kashvi Mahendra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pulak Ganguly Counsel for Respondent :- G.A.,Saiful Islam Siddiqui,Tahira Kazmi Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard Sri Pulak Ganguly, learned counsel for the petitioner and Ms.Tahira Kazmi, learned counsel for respondents no.4, 5 and 6.

¶2The petitioner submits that he and his wife are living separate and that he has been deprived of the company of his four years old daughter.

¶3Both parties do not deny the probabilities that may be in course of time, they may settle their differences and may stay together.

¶3It is submitted by learned counsel for respondent no.4 that Smt. Shubhangi Dhawan Mahendra, respondent no.4 has no serious objection in case the father of corpus is allowed to visit her house for the purpose of meeting their daughter.

¶4In view of the proposal from respondent no.4 and wider agreement by both the sides, as regard grant of visiting right to Archit Mahendra, father of corpus, this petition is disposed of finally as below-: ii. The father of the corpus shall be allowed to meet his daughter at the residence of respondent no.4 once in a fortnight preferably Sunday afternoon. This visit shall not last more than two hours at a time. ii. Archit Mahendra, father of the corpus shall inform the local police station a day before he intended to visit the house of respondent no.4. The concerned S.O. is directed to depute a lady constable at the house of visit, if found desirable, so that meeting passes of peacefully. Both sides are expected to cooperate and keep peace. Order Date :- 14.12.2023 Asha High Court of Judicature at Allahabad