HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 14
Case :- HABEAS CORPUS No. – 20438 of 2019
Petitioner :- Vani Jaiswal (Minor) Thru Her Mother Neelam Jaiswal
Respondent :- State Of U.P. Thru Prin.Secy. Home And Ors.
Counsel for Petitioner :- Anita Sinha,Ashish Raman Mishra,Santosh Kumar Tripathi
Counsel for Respondent :- G.A.,Ajay Madhaveen,M.P.Yadav
Hon’ble Irshad Ali,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent Nos.1 to 3 and Sri Ajay Kumar Yadav, learned counsel for respondent No.4.
This habeas corpus petition has been filed by the mother of the detenue (Vani Jaiswal, minor, studying in Class-IX in Central School, Barabanki).
In pursuance to the order passed by this Court on 16.10.2019, the detenue is present before this Court, who is identified by her counsel.
The detenue Vani Jaiswal categorically made statement that her father abuses her in filthy words and does not co-operate her to live her life peacefully. She stated that she wants to reside along with her mother. She further states that her mother is able to take care of her day to day affairs and she will be comfortable along with her.
On perusal of the material on record, it is reflected that a Divorce Petition No.146/2014 was filed by the respondent No.4 in the Family Court, which has been allowed vide order dated 19.1.2018 and the husband and wife are living separately.
There are so many things in regard to a girl, who is going to become major, which cannot be shared with the father and in these circumstances, welfare of the girl is safe with the mother.
Taking into consideration the welfare of the detenue Vani Jaiswal and her statement made before this Court, it is provided that the detenue will reside along with her mother and pursue her studies in the institution where she is studying.
It is however made clear that the aggrieved parties may approach the competent court of law for custody of the child after leading evidence in the matter under the provisions of the Guardians and SectionWards Act, 1890.
With the aforesaid observation and direction, this habeas corpus petition is finally disposed of.
It is however made clear that father is also a natural guardian and he has right to visit and take care of his daughter. Accordingly, the mother of the detenue will not interfere in the meeting of the father with her child.
The police official present along with the detenue shall ensure compliance of the order passed by this Court.
Order Date :- 25.11.2019