Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 72 of 2019 Petitioner :- Tejas Rajoria And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Sanjay Kumar Srivastav Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioner and learned AGA.
The instant habeas corpus petition has been filed by Vinod Rajoria, who claims himself to be grandfather of the corpus- petitioner no. 1 and 2 (Tejas Rajoria and Vivan Rajoria).
It is stated that the son of vinod was married to one Neelam on 12.10.2008, his son Sanjeev Rajoria died on 2.8.2017 and since then the corpus- petitioner nos. 1 and 2 are in custody of respondent no. 4 and his daughter Smt. Neelam.
I may record that Smt. Neelam has not been arrayed in the present writ petition and beside it, learned counsel for the petitioner has confined his prayer to the extent that Vinod being grandfather of the corpus he may be given some visiting rights though in the writ petition his prayer is for release of the corpus from illegal custody of respondent no. 4 and 5 and set them free.
In my considered opinion if the grandfather of the corpus has any grievance he may claim custody of his grandson under the Guardian and Wards Act and Hindu Minority and Guardianship Act.
With the aforesaid observation, the instant habeas corpus petition is disposed of.
Order Date :- 22.1.2019 Dhirendra/