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CHAKRADHARI SHARAN SINGH, KHATIM REZA
Sarswati Devi W/o Tunay Yadav – Appellant
Versus
State of Bihar through the Principal Secretary, Deptt. of Social and Welfare, Bihar Patna. Bihar – Respondent
ORDER :
Chakradhari Sharan Singh, J.
The petitioners claim to be the Uncle and Aunt of ‘X’ (name concealed) and have filed the present writ application seeking issuance of a writ in the nature of writ of habeas corpus for release of ‘X’ in their favor, who has been sent to short stay home under an order passed by a Special Judge, POCSO, dated 18.05.2022. From the order dated 18.05.2022, it appears that ‘X’ has been found to be a minor, based on the entries made in the school register and Aadhaar Card.
2. Learned counsel appearing on behalf of the petitioners, on the other hand, has submitted that ‘X’ is major, above 18 years of age, as has been found by the Doctor. He submits that ‘X’ has declined to go under the guardianship of her parents. He further contends that she has married the nephew of these petitioners. A statement to this effect ‘X’ has made in her statement under Section 164 of the Code of Criminal Procedure, he contends.
3. Learned counsel representing the State, on the other hand, has relied on a Full Bench decision of this Court in case of Shikha Kumari Vs. The State of Bihar (Full Bench), reported in 2020(2) PLJR 15, to contend that when the detention/stay is based on
A writ of habeas corpus for production of a person under detention/stay based on a judicial order passed by a competent court is not maintainable.
Custody of a minor child by relatives after a parent's death does not constitute illegal detention, and custody disputes should be addressed through appropriate legal proceedings.
The welfare of the child is the supreme consideration in custody matters, and habeas corpus proceedings are not the appropriate forum for resolving custody disputes that require detailed factual inqu....
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
In a Habeas Corpus petition concerning a minor, the court prioritizes the minor's expressed desire to reside with their parent and ensure their continuation of education while exercising its extraord....
The main legal point established in the judgment is the court's authority to dispose of a Habeas Corpus Petition after the subject of the petition is located and brought before the court, and adequat....
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