S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No. 14633/2023

RITA DWIVEDI

Vs

THE STATE OF HIMACHAL PRADESH

CORAM : HON’BLE MR. JUSTICE ANIRUDDHA BOSE, HON’BLE MR. JUSTICE SANJAY KUMAR

Date : 12-02-2024 This petition was called on for hearing today.

UPON hearing the counsel the Court made the following order:

The controversy involved in this petition involves three sisters. The petitioner brought the Habeas Corpus petition before the High Court of Punjab and Haryana at Chandigarh seeking production of corpus of respondent No. 9, ‘Vibha Dwivedi’. The complaint of the petitioner is that the fourth respondent, ‘Smt. Archana Sharma’ along with her husband, ‘Sh. Sachinder Sharma’(respondent No.5) had illegally detained respondent No. 9 and taken her to Canada. There is no legal right of an elder sister to exercise guardianship over her sister except when there is an order from a Court of competent jurisdiction.

In such circumstances, we do not think the writ petition seeking relief in the nature of Habeas Corpus was a proper proceeding for the grievance of the petitioner. The petitioner shall be at liberty to apply before the appropriate Court seeking Guardianship, if the facts so warrant.

We do not find any reason to interfere with the judgment of the High Court impugned in this petition.

The present petition is, accordingly, dismissed.

Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (VIDYA NEGI)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR