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2015 DIGILAW 2964 (ALL)

Master Abhai Singh Thru (Father) Ajeet Kumar Singh v. Pankaj Kumar Singh

2015-09-17

MAHENDRA DAYAL

body2015
JUDGMENT Mahendra Dayal, J. Counter affidavit filed on behalf of the opposite parties No.1 and 2, today in Court, is taken on record. 2. In compliance of the order dated 08.09.2015, the detenue Master Abhai Singh has been produced in the Court and he has come along with his maternal grand-mother. 3. The instant writ petition for issuance of writ in the nature of habeas corpus has been filed on behalf of the detenue through his father claiming custody of the child on the ground that being nature guardian, he is entitled to get the custody of the child. 4. It has been informed to the Court that the mother of the child has already died and the father as well as other members of his family are facing trial under Section 304-B IPC. However, it is not disputed that they are presently on bail. 5. Learned counsel for the opposite parties has submitted that earlier two writ petitions for issuance of writ in the nature of habeas corpus had been filed by the great grand-father of the child and both the petitions were dismissed on 21.01.2013 with the observations that the question of custody of the child can be examined only in the proceedings under the Guardian and Wards Act. 6. Without going into the merits of the earlier orders passed by this Court, it appears that the paramount consideration for the Court is to see the welfare of the child. It is not disputed that the father of the child and his parents are facing trial under Section 304-B IPC and presently the child is being looked after by his maternal grand-mother. A copy of the receipt showing payment fees of school has also been annexed with the counter affidavit to show that the child is also attending school. 7. Learned counsel for the petitioner has submitted that if this Hon'ble Court finds that the custody of the child cannot be handed over to his father, a direction may be issued to the opposite parties to make arrangement for meeting of the child with his father and other members of his family on first and third Sunday of every month to which learned counsel for the opposite parties has no objection. 8. In view of above, the present writ petition for issuance of writ in the nature of habeas corpus is dismissed. 8. In view of above, the present writ petition for issuance of writ in the nature of habeas corpus is dismissed. However, it is provided that the opposite parties shall make every arrangement to facilitate the father of the child Shri Ajeet Kumar Singh to meet his child on first and third Sunday of every month. For this purpose, the father of the child shall go to the place, where the child is residing. It is also provided that the opposite parties shall not create any hindrance in the meeting of the child with his father and other members of his family. 9. With the aforesaid observations, the writ petition is dismissed.