Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3559 of 2018 Petitioner :- Kirti Alias Kanak (Corpus) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Srivastava,Bratendra Singh Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the material brought on record.
The instant petition has been filed on behalf of the corpus Km. Kirti @ Kanak through her father Brijlal with the prayer to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the corpus Km. Kirti @ Kanak before this Court and set her at liberty.
In this case, the corpus Kirti @ Kanak has been sought to be availed by both father Brijlal petitioner no.1 and grand mother Smt. Veerawati petitioner no.2. Claim has been laid to the ambit that in this case the corpus who is four years old, is in the custody of respondent nos.4 and 5, maternal grand father and maternal grand mother of the corpus, respectively.
Upon consideration of the facts, it is obvious that in this particular case, some proceedings were drawn under Sections 304B, 498A IPC and 3/4 Dowry Prohibition Act against both the petitioners wherein certain adjudication was pronounced by the competent court of law. The petitioners themselves stated in paragraph no.16 of the petition that by virtue of Section 6 (a) of the Hindu Minority Act and Guardianship Act, 1956, both the petitioners are natural guardian of the corpus Km. Kirti @ Kanak.
However, such sort of custodian question requires just decision by interference of the competent court of law as entrusted with the jurisdiction of the Hindu Minority Act and Guardianship Act, 1956. Both the petitioners may raise their claim before the appropriate forum to obtain custody of the corpus Km. Kirti @ Kanak. At this stage, issuance of any writ, order or direction for production of the corpus Km. Kirti @ Kanak would not suffice to serve the interest of justice.
With the aforesaid observation, the instant petition is disposed of.
The observation made in this order shall not touch on merit of the case.
Order Date :- 23.8.2018 rkg