Court No. - 65
Case :- HABEAS CORPUS WRIT PETITION No. - 3707 of 2018 Petitioner :- Shivangi Dev Shukla (Minor) And Another Respondent :- State Of U.P. And 05 Others Counsel for Petitioner :- Awadhesh Kumar Mishra,B.K. Tripathi,Bikash Kumar Srivastava,Binay Kumar Tripathi,Pradeep Kumar,Uma Nath Pandey Counsel for Respondent :- G.A., ,Raj Singh
Hon'ble Vivek Kumar Singh,J.
Heard Sri Uma Nath Pandey, learned counsel for the petitioners, Sri Raj Singh, learned counsel for the respondent and learned AGA and perused the record.
This Habeas Corpus petition has been filed by Smt. Surbhi Shukla(mother) claiming that petitioner no.1-Shivangi Dev Shukla(9) and petitioner no.2-Shivansh Dev Shukla(5) are in the illegal captivity of Budh Dev Shukla(husband).
On 27.09.2019 this Court had directed the District Judge, Gorakhpur to conduct the full fledged trial and give a vivid report regarding the custody of children with specific reference in whose custody the future of the kids are best served.
Office report dated 29.11.2019 is on record which suggests that the copy of entire pleadings were sent to District Court, Gorakhpur but as on date no report has been received by this Court from the office of District Judge, Gorakhpur.
A fresh office report dated 02.12.2019 is on record which shows that in pursuance of the Court's order dated 27.09.2019, a report from District Court with regard to the compliance has been received.
In pursuance of the earlier order passed by this Court with regard to the custody of the children, District Judge Gorakhpur had sent a report dated 30.11.2019 under a sealed covered envelop, which is taken on record and perused by this Court.
As per the report of District Judge, Gorakhpur dated 30.11.2019 the best entrust of the children will be if they are in custody of their father namely Budh Dev Shukla arrayed as respondent no. 4 in the present habeas Corpus Writ Petition.
With the aforesaid discussion the present petition is hereby dismissed.
Order Date :- 17.12.2019 Arti