Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 450 of 2019 Petitioner :- Chandrapal Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Kaushal Upadhyay,Jai Shanker Audichya Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioners and learned A.G.A.
The present habeas corpus petition has been filed by petitioner no. 1 Chandrapal stating that he is father of the corpus Jitendra aged about five years and the respondent no. 4 is legally wedded wife, who has forcibly taken away his minor son along with her.
It is not disputed that the corpus is hardly aged about five years and if he is in custody of her mother it cannot be said that the corpus is under any illegal detention, therefore, no writ in the nature of habeas corpus should be issued for directing the respondent no. 4 to produce the corpus. If the petitioner no. 1 has any grievance he may claim custody of his minor son before the appropriate forum under the Guardians and Wards Act and Hindu Minority and Guardianship Act.
The present habeas corpus petition has no force and the same is accordingly dismissed.
Order Date :- 30.4.2019 Dhirendra/