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RAM MANOHAR NARAYAN MISHRA
Sarita Verma – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Counter affidavit and Vakalatnama filed by Shri Sanjay Singh, learned counsel for respondent Nos. 4 to 7 is taken on record.
2. Learned counsel for the petitioner, Shri Sharad Chand Rai, learned counsel for private respondent Shri Sanjay Singh and learned A.G.A. for the State are present.
3. The corpus Vaishnavi and Ram Soni are produced before the Court by S.I. Mridul Mayank Pandey, P.S.- Kotwali Nagar, District Sultanpur and respondent No. 4 Shri Rakesh Soni. The statements of corpus Vaishanavi and Ram Soni has been recorded before the Court. Corpus Vaishnavi stated that she is aged around 13 years and her date of birth is 16.01.2010, she stated that she is receiving education in supervision of her father at Stella Maris Convent School, Sultanpur, her younger brother Ram Soni is also receiving education in same school. She stated that she is happily residing with her father and she is not willing to go with her mother, in fact, her mother never came to her parental home to meet her. She expressed her disinclination to go and live with her mother. Similarly, child Ram Soni stated her age around 10 years and there is no dispute regarding his age. He further submitted tha
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
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 ....
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....
Custody of minor - Petitioner being father of the minor and natural guardian in terms of Section 6 of the Act of 1956 would be entitled to custody of the minor particularly since it is admitted that ....
Court emphasizes the welfare of the child in custody matters while maintaining jurisdictional limits.
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