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IN THE HIGH COURT OF ALLAHABAD
KARUNESH SINGH PAWAR, J.
Master Namish Gupta Alias Guddu Gupta - Petitioner
Versus
State of U.P. And Others - Respondents
HABEAS CORPUS WRIT PETITION NO. 229 OF 2022.
Decided On : 25-07-2023
Certainly. Based on the provided legal document, here are the key points:
The petition was filed under the Habeas Corpus jurisdiction seeking custody of a minor child, Master Namish Gupta Alias Guddu Gupta, with the father as the petitioner (!) .
The petitioner, father of the minor, is the natural guardian and claims that the maternal grandparents are improperly retaining custody and denying visitation rights. He has provided evidence of financial support, health insurance, and investment in savings schemes for the child's future (!) (!) .
The facts indicate that the child was born in Lucknow, and the mother passed away due to septic shock shortly after childbirth. The petitioner asserts that he has been taking care of the child and is capable of providing a suitable environment (!) (!) .
The court observed that the petitioner, as the natural guardian, has the primary right to custody, especially considering his involvement and the child's welfare. The child's emotional bonds with the father and his elder sister are significant factors favoring custody transfer to the petitioner (!) (!) .
The opposing argument from the respondents emphasizes the child's emotional attachment to the maternal grandparents, who have been caring for him since birth. They also argue that the child's age and emotional attachment should influence custody decisions (!) .
The court reviewed the evidence, including contradictory birth certificates and financial documents, and found inconsistencies that did not substantiate the respondents' claims. The child's welfare and the father's capability to care for the child were prioritized (!) (!) .
The court cited legal principles that support the jurisdiction of a writ court to restore custody of a minor to the natural guardian when wrongful deprivation occurs, emphasizing that the child's best interest is paramount (!) (!) (!) (!) .
It was noted that the child's age (2.5 years) limits his ability to express preference, and the child's best interest involves fostering bonds with both parents and siblings. Denying custody to the father would deprive the child of familial love and emotional support (!) (!) .
The court concluded that the overall welfare of the child would be best served by granting custody to the father and directed the maternal grandparents to surrender custody immediately (!) .
The court also permitted the respondents to have visitation rights, ensuring that the child's interest in maintaining family bonds is protected (!) (!) .
In summary, the court emphasized the natural guardian’s primary right, the child's welfare, and the importance of maintaining familial bonds, leading to the transfer of custody to the father with visitation rights granted to the maternal grandparents.
| Table of Content |
|---|
| 1. petition for child custody based on parental rights. (Para 1 , 3) |
| 2. petitioner's arguments for custody based on welfare. (Para 4 , 5 , 6) |
| 3. court's observations on custody rights and welfare. (Para 7 , 8 , 13) |
| 4. application of legal principles for child custody. (Para 9 , 10 , 11 , 12) |
| 5. court orders custody transfer and visitation rights. (Para 15 , 16 , 17) |
JUDGMENT
Karunesh Singh Pawar, J.
The petition seeks issuance of a writ in the nature of Habeas Corpus commanding the opposite parties 3, 4 and 5, to produce the detenu Master Namish Gupta alias guddu Gupta in Court and provide his custody to his father Nitesh Gupta, the petitioner.
2. Heard Mr. Satendra Kumar (Singh), learned counsel for the petitioner, Mr. Alok Tiwari, learned Additional Government Advocate as well as Mr. Pramod Kumar Singh, learned counsel for private respondents 3 to 5.
3. Brief facts of the case are that the detenu Namish Gupta alias Guddu Gupta was aged about 1-1/2 years at the time of filing of this petition and presently, he is about 2-1/2 years. The deponent Nitesh Gupta is his father and natural guardian. The deponent was married to late Priyanka Gupta, daughter of respondents 3 and 4 and sister of respondent No.5 on 22.4.2014 according to Hindu rites and rituals. It is pleaded that the petitioner is running an industry at Kolkata. Out of their wedlock, initially, a girl, namely Kanika Gupta was born on 7.9.2015 who is presently residing with the deponent. The late Priyanka Gupta again conceived in the year 2020. At that time, the parents of late Priyanka Gupta requested to send her to Lucknow so that she may reside with her mother who can take care of her during pregnancy and delivery.
4. Learned counsel for the petitioner submits that the petitioner has taken care of the deceased mother of the detenu as well as the detenu and extended financial help to private respondents. Photocopy of bank statement through which the money was credited into the account of private respondents has been filed as Annexure No.1 to the petition. It is submitted that the petitioner has successfully raised her elder daughter Kanika Gupta who is studying in Kolkata at G.D. Goenka School. He further submits that the petitioner has taken health insurance of a sum of Rs.5 lacs in the name of himself and his two children, i.e. baby Kanika Gupta and Master Namish Gupta. He has also opened a Sukanya Samriddhi Account to secure future financial needs of Kanika Gupta and used to deposit for future financial needs. Copy of Sukanya Samriddhi Account of Baby Kanika Gupta has been filed as Anenxure No.4 to the petition. He has also purchased an insurance policy in the name of baby Kanika Gupta. It is submitted that since the deponent has been taking care of the financial needs of the detenu as also private respondents, the respondents are using the detenu as an instrument to extract money and they do not want to hand over the custody of the child to the deponent.
Though sufficient amount was handed over to private respondents for treatment of late wife of the deponent, the private respondents instead of consulting an expert Gynecologist consulted a doctor having B.H.M.S. (Homeopathic) degree and all the time the deponent was told that Priyanka Gupta was under observation of an expert of Gynecologist. On 14.12.2020, late Priyaka Gupta gave birth to the detenu in Deep Hospital, Hardoi Road, Lucknow. Copy of birth certificate is on record and has been filed as Annexure-2. It is submitted that due to septic shock, the medical condition of late Priyanka Gupta deteriorated and as such she was referred to K.G.M.U, Lucknow on 19.12.2020 where she died on the same day.
It is submitted that the private respondents are denying even the visiting rights and also the custody of the detenu to the deponent. In June, 2021, when the petitioner went to take custody of the detenu, private respondents called police. This fact is not disputed by learned counsel for private respondents.
The main legal point established in the judgment is the entitlement of the natural guardian, particularly the father, to claim custody of the child. The court emphasized that the detention of a minor....
The main legal point established in the judgment is that the custody of a minor child with the father as the natural guardian cannot be held illegal or unlawful unless it is in breach of some authori....
Handing over of child’s custody to father at this stage might create some problems initially and that would be resolved with passage of time.
The welfare of the child is the paramount consideration in determining the custody of a minor child, and the rights of the parents under the law are not absolute.
The paramount consideration in child custody cases is the welfare of the child, and the natural guardians have the highest right to custody. The court also emphasized the importance of considering th....
The welfare of the child is the decisive factor for the claim of custody, and the court should strike a balance between the welfare of the child and the rights of the parents over the child.
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