THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR WRIT PETITION NO.26490 OF 2025 Mr. M.A.K. Mukheed, learned counsel appearing for the petitioner Mr.Swaroop Oorilla, the learned Special Government Pleader appearing for the learned Additional Advocate General for the respondent Nos.1 to 4 O RDER: (Per Hon’ble Justice Moushumi Bhattacharya)

1. The present Writ Petition is filed seeking production of Baby Sidra Khuldbareen Aziz (the alleged detenue) before this Court and handover the alleged detenue to the petitioner.

2. The petitioner claims to be the mother of the alleged detenue, who is described as a child aged 5 years and 5 months. The petitioner’s grievance is against the respondent No.5, who is the mother-in-law of the petitioner. The husband of the petitioner has not been made a party to the Writ Petition.

3. The Written Instructions produced by the learned Special Government Pleader appearing for the State respondents show that based on a complaint lodged by the petitioner, a case in Crime No.84 of 2025 was registered under the provisions of The Dowry Prohibition Act, 1961, against the husband of the petitioner and his family members. The Court is also informed that the other child continues to be in the custody of the petitioner. This is not disputed by learned counsel appearing for the petitioner.

4. Counsel for the petitioner places an order dated 20.09.2023, passed by a Co-ordinate Bench of this Court in W.P.No.23230 of 2023, where the Co-ordinate Bench directed the respondent No.9 to return the alleged detenue (minor child) to the petitioner. However, the Co-ordinate Bench found the detention of the minor child in that case to be illegal after noting that the minor child had been abducted from the petitioner’s custody. The father of the minor child was also made a party before the Court. Moreover, in paragraph 15 of the said order, the Co- ordinate Bench opined that the extraordinary remedy of a Writ of Habeas Corpus will ordinarily not be issued in child custody matters.

5. We do not find any reason to entertain the present Writ Petition, particularly, when the petitioner is aware of the location of the alleged detenue and there is no evidence to show that the detention of the alleged detenue is illegal.

6. W.P.No.26490 of 2025, along with all connected applications, is accordingly disposed of, granting liberty to the petitioner to approach the competent forum seeking custody of the alleged detenue.

7. We however wish to direct the State respondents to ensure that the respondent No.5 does not remove the child from Nirmal Town until the petitioner approaches the competent forum, which shall not be later than 22.09.2025. The State respondents shall also verify the contention of the petitioner that the alleged detenue is not in good health. This would take care of the petitioner’s apprehension.

MOUSHUMI BHATTACHARYA, J

GADI PRAVEEN KUMAR, J

DATE: 03.09.2025

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