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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Smt Deeksha – Appellant
Versus
State Of U.P – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. Learned counsel for the petitioners submits that the corpus, Deeksha, is the wife of Arvind Kumar and is in illegal custody of the State, being kept in a Rajkiya Bal Grah (Balika), Vrindavan, Mathura against her wishes. It is submitted that the petitioner, being the husband of the corpus, is entitled to her lawful custody.
2. Per contra, learned AGA submitted that a criminal case is pending against the petitioner, who allegedly solemnized marriage with the corpus while she was a minor, and, as such, she has been lawfully detained in Rajkiya Bal Grah (Balika), Vrindavan, Mathura. It is submitted that since the corpus is in lawful custody of the State in pursuance of a judicial order, the present habeas corpus petition is not maintainable.
3. I have heard the learned counsel of the parties and perused the record.
4. A Full Bench of this Court in the case of Rachna and Another vs. State of UP and Others 2021 SCC OnLine All 211, held as under:-
"80. We accordingly come on our conclusions in respect of question nos. 1, 2 and 3 for determination as follows:—
Question No. 1:"(1) Whether a writ of habeas corpus is maintainable against the judicial order passed by th
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 ....
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....
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....
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....
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
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