02 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP 322/2025 CM No. 7331/2025 Miss Zara Wasim through her father .…. Petitioner (s) Through: Mr. Hasnain Khawaja, Adv. V/s Muzamil Kounsar and Ors. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 10.11.2025 1. The petitioner, through the medium of present petition has invoked extraordinary writ jurisdiction of this Court seeking custody of minor child born out of wedlock of the petitioner with respondent No. 1. 2. Heard learned counsel for the petitioner and perused the record of the case. 3. It is admitted case of the petitioner that he has already approached the Family court, Srinagar by way of petition under Section 12 of the Guardian and Wards Act. It is P a g e | 2 HCP 322/2025 CM No. 7331/2025 also admitted by the petitioner that an interim order has been passed by the said court with regard to the visitation rights of the petitioner in respect of the ward. 4. The grievance of the petitioner is that the aforesaid interim order is not being implemented despite a contempt petition having been filed by the petitioner before the Family Court, Srinagar. It has been further contended that the ward who has been admitted to a school, as per the information of the petitioner, is not attending the school and this has prompted the petitioner to approach this Court by way of present petition. In support of his contention regarding maintainability of the petitioner, learned counsel for the petitioner has relied upon the ratio laid down by Supreme court in case titled Tejaswini Gaud Vs. Shekar Jagdish Prasad Tiwari reported in (2019) 7 SCC 42. 5. In the judgment relied upon by the petitioner, it has been clearly laid down that a writ of Habeaus Corpus in custody matters can be entertained if detention of minor is P a g e | 3 HCP 322/2025 CM No. 7331/2025 by a person who is not entitled to his legal custody. It has been further laid down in the said judgment that detention of minor by a person who is not entitled to his legal custody is treated as equivalent to illegal detention for the purpose of granting writ directing custody of the minor child. 6. In the present case, the custody of the child is with her mother/respondent No. 1, therefore, by no stretch of reasoning, it can be stated that the custody of the minor is illegal. Besides this, the petitioner has already invoked jurisdiction of Family Court, Srinagar seeking custody of minor child by filing petition under Section 12 of the Guardian and Wards Act and in fact, the learned Family Court, Srinagar has already passed interim direction in favour of the petitioner for safeguarding his visitation rights. Merely because the interim direction passed by the Family court is not getting implemented, the petitioner cannot simultaneously invoke the writ jurisdiction of this Court P a g e | 4 HCP 322/2025 CM No. 7331/2025 7. The present petition is a classic case of abuse of process of the court by indulging in multiplicity of proceedings. The writ petition is held to be not maintainable and is dismissed accordingly. 8. Copy of this order be sent to the learned Family court, Srinagar. (Sanjay Dhar) Judge SRINAGAR 10.11.2025 Aasif