A writ petition becomes infructuous if the subject of custody is deceased, leading to dismissal.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

11 27-01-2026 Present writ petition has been preferred by the petitioner seeking setting aside the impugned order dated 24.01.2020 passed by learned S.D.J.M., West Champaran at Bettiah in Chanpatia (Sirisia O.P.) Case No. 402 of 2019, whereby custody of minor Soni Kumari was handed over to her father. The petitioner is claiming to be legally wedded husband of said Soni Kumari and seeking her custody.

2. However, during course of pendency of this writ petition, it was informed by the father, who is Respondent No.5/Amit Kumar, that Soni Kumari has died during Covid-19. In the light of such statement of father and the report from the police, this writ petition was dismissed as infructuous vide order dated 16.02.2023. However, Hon’ble Supreme Court on petition has found that there is no conclusive proof of death of Soni Kumari and hence, writ petition should not have been dismissed as infructuous.

3. Hence, the present petition was restored to its original number and petitioner was directed to give fresh affidavit in regard to his claim that Soni Kumari is still alive and SSP/Superintendent of Police, West Champaran at Bettiah as well as Resp. No.5/Amit Kumar, father of minor Soni Kumari were also directed to give fresh counter affidavit in regard to death or whereabout of minor Soni Kumari.

4. However, the petitioner and Respondent No.5/

Amit Kumar, who is father of minor Soni Kumari, did not file any fresh affidavit. However, SSP/Superintendent of Police, West Champaran at Bettiah filed fresh counter affidavit stating that the police has lodged fresh F.I.R. bearing Sirisia P.S. Case No. 199 of 2025 for the offences punishable under Sections 302, 201, 202 and 120B read with Section 34 of the Indian Penal Code against the father of the victim Soni Kumari, who is Respondent No.5 herein. It is also stated by SSP/Superintendent of Police, West Champaran at Bettiah that investigation has started in the said F.I.R. As per police, prima facie it appears that father of the victim Soni Kumari has killed her and given false death certificate that she died during Covid-19.

5. Learned counsel for the petitioner, who is husband of victim Soni Kumari, is not disputing the death. He is supporting the claim of the police and justifying the lodging of F.I.R. against Respondent No.5/Amit Kumar, father of victim Soni Kumari.

6. However, learned counsel for the Respondent No.5 vehemently contests the view of police saying that he has not killed his daughter and as a matter of fact she has died during Covid-19.

7. In the light of such facts and circumstances, the present writ petition, which was filed for custody of minor Soni Kumari, has become infructuous, because she is no longer in the world of living.

8. Accordingly, the present criminal writ petition is dismissed as infructuous.

(Jitendra Kumar, J.)