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.

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 party no.2 failed to ensure the production of the corpus of the petitioner to directed the opposite party no. 3 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 custody of the opposite party no.02 an 3 and give the custody of her mother of the petitioner."

3. This Court on 26.08.2025 passed an Order, operative part whereof is extracted herein below for ready reference:

“7A. Having considered the submissions of the learned counsel for the parties and also to know the willingness of the detenue Mayank Ojha, his presence would be required before this Court on the next date.

8. List this case on 08.09.2025.

9. On that date, the detenue Mayank Ojha shall appear before this Court and his appearance shall be ensured by the Superintendent, Rajkiya Bal Grih (Balak), Mohaan Road, Lucknow and a copy of this order be provided to the Superintendent, Rajkiya Bal Grih (Balak), Mohaan Road, Lucknow, by registered post/speed post within three working days for its compliance.

10. On the next date, the mother of the detenue (petitioner here) namely Shashi and opposite party no. 7- Surya Prakash Ojha (father of the detenue) shall appear in person before this Court.

11. The Station House Officer, Police Station Sangrampur, District Amethi shall ensure the presence of opposite party no. 7 on the next date.

12. Learned A.G.A. shall intimate this order to the Station House Officer, Police Station Sangrampur, District Amethi, for its compliance "

4. In compliance of the aforesaid Order, Ms. Shashi the mother of the child/petitioner corpus namely Mayank Ojha and Mr. Surya Prakash Ojha (respondent No. 7) are present before this Court.

5. The child/corpus namely Mayank Ojha, aged about 11 years, son of Mrs. Shashi and Mr. Surya Prakash Ojha is also present-in-person. His presence before this Court has been ensured by Mr. Ram Krishna Awasthi, In-charge of ‘Rajkiya Bal Griha (Balak)’, Mohan Road, Lucknow.

6. Mr. Ram Krishna Awasthi has stated that earlier the child/corpus was placed at ‘Rajkiya Bal Griha (Balak)’, Mohan Road, in his custody, however, at present he is boarding at ‘Dayanand Bal Sadan’, Motinagar, Lucknow. He further submitted that in pursuance of the letter communicating the Court’s Order dated 26.08.2025, he being the In- charge of ‘Rajkiya Bal Griha (Balak)’ has given company to the child/petitioner corpus. He inf