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RAM MANOHAR NARAYAN MISHRA
Surekha Saxena – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioners, learned counsel for the private respondents and learned A.G.A. for the State.
2. Instant writ petition has been filed by the petitioners seeking a writ of habeas corpus with averment that petitioner no. 1 is grandmother of corpus (Ankur) on whose behalf petition has been filed.
3. Pleadings have been exchanged between the parties.
4. It is submitted by learned counsel for the petitioners that respondent no. 4 is mother of petitioner no. 2 (corpus). The corpus is son of respondent no. 4 namely Rimjhim w/o Amit Saxena. The corpus is born out of wedlock of respondent no. 4 and her husband Amit Saxena. The corpus born on 24.8.2014 in Singapur in presence of his parents who was named as Ankur. The marriage of Amit Saxena, who is s/o petitioner no. 1, and respondent no. 4 was arrange marriage which was solemnized on 30.1.2013 after the couple embarked on honeymoon and first visited Bankok and subsequently Singapur where corpus took birth. After birth of child, the couple return to India on 4.10.2014. Their return ticket to Singapur was scheduled for 15.11.2014 but respondent no. 4 did not join her husband in return journey to Singapur.
Point of law: Custody of child - In a child custody matter, a writ of habeas corpus would be entertainable where it is established that the detention of the minor child by the parent or others is ill....
The welfare of the child is the paramount consideration in determining custody, and the writ of habeas corpus is maintainable in child custody matters where the detention of a minor child by a parent....
Point of Law : It is only in exceptional cases, the rights of the parties to the custody of the minor will be determined in exercise of extraordinary jurisdiction on a petition for habeas corpus.
Point of law: Custody of child – Unlawful and illegal custody - A writ of habeas corpus, as has been consistently held, though a writ of right is not to be issued as a matter of course, particularly ....
Court emphasizes the welfare of the child in custody matters while maintaining jurisdictional limits.
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
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