HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 65
Case :- HABEAS CORPUS WRIT PETITION No. – 3737 of 2018
Petitioner :- Arshdeep Singh @ Mantav Singh @ Udaiveer Singh (Minor)
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Fahd Iqbal,Parvez Alam
Counsel for Respondent :- G.A.,Chandan Sharma
Hon’ble Irshad Ali,J.
List has been revised.
No one is present for the petitioner as well as for the private respondent. Learned AGA for the respondent State is present.
This petition has been filed to produce the corpus Arshdeep Singh @ Mantav Singh @ Udaiveer Singh- petitioner No.1, aged about 11 years and studying in class 6th Degshai Public School, Shimla Hill, District Solan, H.P.
After hearing the parties, this Court passed an order giving visiting right to the mother Smt.Gangdeep Kaur to visit Solan to meet her son.
The biological mother of the alleged detenue has filed this petition before this Court for custody of the corpus from respondent No.3, who is father of the corpus.
Here, the case is that the father of the corpus has detained his son illegally. Taking into consideration the material on record, this Court granted visiting rights to the mother at the institution, where the detenue is pursuing his studies.
Article 226 of the Constitution of India empowers the High Court to issue a writ in the nature of habeas corpus. In a habeas corpus petition, it is a condition precedent that there is a prima facie case of illegal detention or at least a suspicion in respect of such illegal detention. A writ of habeas corpus is available in all cases of wrongful deprivation of personal liberty. It may be issued against any person or authority who has illegally detained, arrested or confined the detenu or prisoner.
On perusal of the entire material on record, it is established that alleged detenue has not been illegally detained. He is residing along with his father and is pursuing his studies with his own free will and consent.
It can be a case for custody of the alleged detenue by the biological mother. In regard to custody, full fledged procedure has been prescribed under the Guardians and Wards Act.
Accordingly, this petition is finally disposed of with liberty to the petitioner No.2 to approach appropriate forum for custody of the corpus – Arshdeep Singh @ Mantav Singh @ Udaiveer Singh.
The visiting right, as provided by this Court vide order dated 24.07.2019 shall continue to operate till initiation of proceeding under the provisions of Guardians and Wards Act. In case the liberty given by this Court to approach appropriate forum is not availed within a period of one month from today, the protection granted by this Court shall not be available to the petitioner.
Order Date :- 6.1.2020
Adarsh K Singh