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HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN BHANSALI, CJ, KSHITIJ SHAILENDRA
Rinku Ram @ Rinku Devi – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. habeas corpus case facts (Para 1 , 2 , 3) |
| 2. court's observations on non-compliance (Para 4 , 5 , 6 , 10) |
| 3. arguments regarding custody and rights (Para 11 , 12 , 13) |
| 4. court's reasoning on writ maintainability (Para 14 , 15 , 16 , 18) |
| 5. final order and restoration of writ (Para 19 , 20 , 21) |
JUDGMENT :
1. Heard Shri Kamla Kant Mishra, learned counsel for the appellants, learned Standing Counsel for respondents no. 1 to 5 and Shri Rakesh Pande, learned Senior Counsel assisted by Shri Ram Kesh for respondent no. 6.
2. This appeal is directed against order dated 06.11.2025, whereby learned Single Judge has dismissed Habeas Corpus Writ Petition No. 931 of 2025 filed by the appellants.
3. The writ petition was filed by Smt. Rinku Ram (appellant no. 1), mother of Vishwajeet (minor) (appellant no. 2), stating that the appellant no. 2 was born on 13.08. 2024 out of the wedlock between appellant no. 1 and respondent no. 6 and matrimonial dispute arose between the parties to the marriage wherein some proceedings were allegedly sought to be initiated/undertaken at the instance of respondent no. 6. It was further stated that the child had been forcibly taken away by the respond
A writ of habeas corpus can be invoked for child custody disputes even when legal remedies exist, as the child's welfare is paramount.
Court emphasizes the welfare of the child in custody matters while maintaining jurisdictional limits.
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 High Court retains discretion to grant habeas corpus for custody, yet it cannot disrupt prior lawful custody orders, emphasizing child welfare as paramount.
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 – 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 ....
The extraordinary remedy of a prerogative writ of Habeas Corpus can be availed in exceptional cases where the ordinary remedy provided by the law is either unavailable or ineffective, and the welfare....
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
Custody of minor children - Natural guardian - Private respondent is none other than biological mother of minor children - It may be presumed that custody of children with their mother is not unlawfu....
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