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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJESH SINGH CHAUHAN, SYED QAMAR HASAN RIZVI
Mayank Ojha (Minor) Thru. Here Natural Guardian Mother Shashi – Appellant
Versus
State Of U.P. Thru. Home Secy. Lko. – Respondent
JUDGMENT :
SYED QAMAR HASAN RIZVI, J.
1. Heard Sri. Sanjeev Kumar Shukla, learned counsel for the petitioner, Sri. G.D.Bhatt, learned A.G.A. for the State-respondents as well as Sri. R. M. Yadav, Advocate, who has filed Vakalatnama on behalf of opposite party No. 7, which is taken on record.
2. By means of the present writ petition the petitioner has prayed for the following reliefs:
"I. Issue a writ or order in the nature of Habeas Corpus is direct the opposite party no. 2 & 3 to produce the corpus of the petitioner Mayank Ojha aged about 11 years Son of Surya Prakash Ojha before this Hon'ble Court he may be released from the illegal and unjustified custody and detention of the opposite party no.2 and 3 and in case if the opposite party no.2 and 3 failed to ensure the production of the corpus of the petitioners to directed the opposite party no-2 to 6 to ensure the production of the petitioner before this Hon'ble Court on date fixed by the Hon'ble Court and after recording her free statement, he may be released from the illegal and unjustified custody and detention of the opposite party no.2 and 3 and give the custody of her mother of the petitioner.
II. That in case if the opposite pa
Writ of habeas corpus is not maintainable against custody resulting from judicial orders by a Child Welfare Committee, as the remedy lies under the Guardians and Wards Act.
Detention – Child Welfare Committee - Once corpus is minor and the girl had refused to go with her parents, then in such situation arrangement has to be made. Her interest is paramount and before pro....
Point of law : Where the custody of the petitioner corpus as been handed over as per a judicial order passed a Judicial Magistrate or a court of competent jurisdiction or a CWC constituted under the ....
The High Court retains discretion to grant habeas corpus for custody, yet it cannot disrupt prior lawful custody orders, emphasizing child welfare as paramount.
Petition for production and custody of minor child – Once complexities is perceived, Writ Court should not usurp powers of Civil Court to decide and proper course to be adopted in this regard is to r....
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 - 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....
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