Court No. - 50

Case :- HABEAS CORPUS WRIT PETITION No. - 112 of

2023

Petitioner :- Aryan Kumar Arya (Minor) Through Its Legal

Gardian And Another

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Ram Janam Shahi,Pramod Kumar

Yadav

Counsel for Respondent :- G.A.

Hon'ble Ram Manohar Narayan Mishra,J.

Sri Arvind Kumar Pandey, Advocate, filed his vakalatnama on

behalf of the respondent Nos. 4 and 5, which is taken on record.

Heard learned counsel for the petitioners, learned counsel for

the private respondents, learned AGA for the State and perused

the material placed on record.

Learned counsel for the petitioners submitted that the corpus

Aryan Kumar Arya is son of petitioner No.2 and respondent

No.4. Respondent No.4 is legally weded wife of petitioner

No.2. The corpus/petitioner No.1 is minor, whose date of birth

is 25.3.2013 and he is studying in Class IV at Central School,

Chero, Salempur, Deoria. The marriage of petitioner No.2 and

his wife was solemnized on 19.11.2010 in arranged form with

consent of family members. However, petitioner No.2 came to

know the fact that the respondent No.4 is suffering from

hysteria and depression since before her marriage. Petitioner

No.2 got enrolled his son at Gyan Kunj, Secondary School,

Bansi Bajar, Salempur, Deoria. However, some matrimonial

dispute arose between the spouse and family atmosphere of

petitioner No.2 became toxic. On 8.6.2022, respondent No.5

and 6 came to the house of petitioner No.2 alongwith their

relatives and took away the corpus and respondent No.4 along

with them. On 13.7.2022, the petitioner No.2 moved an

application before the Coordinator of Child Help Line, in which

he stated that his father-in-law and his wife are not sending his

minor son to school and creating impediment in his school

education, which is likely to destroy the future of the child. The

child is being ill-treated in the custody of private respondents

and petitioner No.2 is very fearful of his health, education and

well-being. He further submitted that a notice has been got

received to petitioner No.2 from the school of petitioner No.1

that the child is not attending the school. Therefore, this petition

has been filed for release of corpus from the illegal custody of

private respondents and for restoration of custody of petitioner

No.1 in his favour.

Per contra, learned counsel for the private respondents refuted

the averments made in the petition and submitted that the child

is being imparted proper education by private respondents and

they are also concerned about his education and well-being,

being mother and his maternal grand-parents.

Learned counsel for the parties agreed that since a petition for

custody of minor under Guardian and Wards Act, 1890 has been

filed before the competent court by the petitioner No.2,

therefore, this petition may be disposed of with a direction to

private respondents to ensure proper education of child and the

Court concerned may be directed to dispose of the matter of

custody of child expeditiously.

From the perusal of record, it appears that Misc. Case No.63 of

2022 (Ravi Prakash vs. Suman) has been filed by petitioner

No.2 before the Principal Judge, Family Court, Ballia for

seeking custody of petitioner No.1 under Section 25 of

Guardians and Wards Act, 1890, in which respondent No.4 the

mother of the child has put in appearance and the case was

fixed for filing objection by opposite party on 24.1.2023 and a

representation has also been moved by petitioner No.2 before

S.P. Ballia on 25.10.2022, in which he has levelled allegations

against his wife and in-laws that his minor child has been

detained in their illegal custody and he is being ill-treated there

by private respondents. He is not permitted to meet his child by

private respondents. He has also moved an application for

seeking visitation rights of his child before court concerned.

Respondent No.4 to 6 are directed to ensure regular