YOGENDRA KUMAR SRIVASTAVA
Master Mahib Sajjad Masood – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Hon'ble Dr. Yogendra Kumar Srivastava, J.
1. Heard Sri Abhishek, learned Advocate holding brief of Sri Om Prakash Mishra, learned counsel for the petitioners, Sri Pankaj Saxena, learned A.G.A.-I appearing for the State-respondents and Sri R. P. Rajan, learned counsel for the respondent Nos. 8, 9, 10 and 11.
2. The present habeas corpus petition has been filed primarily seeking the following relief:-
3. Pursuant to the rule nisi issued earlier, the petitioner No. 1 (corpus), minor child of age about seven years, has been produced in Court by respondent No. 8, his mother.
4. Respondent No. 8 is present in Court and has been identified by her counsel, Sri R. P. Rajan.
5. The petitioner No. 2, Sajjad Hasan Masood, father of the petitioner no.1 (corpus), is also present in Court, and has been identified by his counsel, Sri Abhishek, learned Advoca
The welfare of the child is paramount in custody matters, and a writ of habeas corpus is not to be granted unless there is evidence of unlawful detention.
The welfare of the child is of paramount consideration in determining custody, and a habeas corpus petition is entertained only when the custody of the child is proven to be unlawful and illegal.
The court established that custody of a minor, following the death of a parent, must be assessed under the Guardians and Wards Act and relevant personal law, with the welfare of the child as the para....
Point of law: Illegal detention – Custody of child - In a case where facts are disputed and a detailed inquiry is required, the court may decline to exercise its extraordinary jurisdiction and may di....
The court affirmed the natural guardianship rights of the father and the mother's right to custody of a minor until the age of seven, deeming the minor's detention unlawful.
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 - child was forcibly taken away by the father from the custody of the mother. - Writ of habeas corpus, as has been consistently held, though a writ of right is not to b....
The welfare of the child is paramount in custody disputes, and habeas corpus is not maintainable if the child is in lawful custody of one parent.
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 ....
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