Master Om Singh Thru. His Mother Smt. Sharda Kumari v. State of U.P. Thru. Secy. Home Deptt., Lucknow and Others

Court No. - 16 Case :- HABEAS CORPUS WRIT PETITION No. - 191 of 2024 Petitioner :- Master Om Singh Thru. His Mother Smt. Sharda Kumari Respondent :- State Of U.P. Thru. Secy. Home Deptt., Lucknow And Others Counsel for Petitioner :- Uzma Anjum,Pradeep Kumar Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Pradeep Kumar, learned counsel for the petitioner as well as Sri Ashok Srivastava, learned A.G.A. for the State and perused the record. This Habeas Corpus Writ Petition has been filed with the following main relief: "issue a writ, order or direction in the nature of habeas corpus for the release of the detenue / Master Om Singh from illegal detention of opposite party no.4 and his family members." Learned counsel for the petitioner submits that the petitioner is mother of the minor child and the father has illegally detained the minor child with him, thus, this Court may issue a direction in this regard so that the custody of the minor child be given to the mother, the next friend. Learned A.G.A.-I for the State submits that the relief sought in this Habeas Corpus Writ Petition could not be granted by this Court as the mother of the minor child could not be able to point out any illegality or any infirmity regarding the custody with the father. Further, the mother has also not been able to demonstrate this fact that the minor child/detenue is residing with his paternal grand parents. Thus, the prayer made in this petition could not be granted by this Court and if the mother wants custody of the minor child, then the remedy lies before the appropriate forum under the Guardians and Wards Act, 1890 or Hindu Minority and Guardianship Act, 1956 for claiming the custody of minor child in accordance with law. After some argument, learned counsel for the petitioner submits that he may be permitted to approach the competent court in accordance with law under the Guardians and Wards Act, 1890 or Hindu Minority and Guardianship Act, 1956 for claiming the custody of minor child. Accordingly, the present writ petition is disposed of with liberty to the petitioner to approach the appropriate forum in accordance with law for claiming the custody of minor child. Order Date :- 9.7.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench