Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 105018 (ALL)

MASTER VINAMRA GUPTA MINOR v. State of UP AND 3 OTHERS

HABC/815/2024 · 2025-05-06

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:74233 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 815 of 2024 Petitioner :- Master Vinamra Gupta Minor Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Neeja Srivastava,Sr. Advocate Counsel for Respondent :- Sanjeev Kumar Pandey,G.A. Hon'ble Ms. Nand Prabha Shukla,J. Sri A.C. Tiwari, Advocate has filed his Vakalatnama on behalf of the respondent No. 4 which is taken on record. Heard Shri V. P. Srivastava, learned Senior Advocate assisted by Shri Neeja Srivastava, learned counsel for the petitioner, Sanjeev Kumar Pandey, learned counsel for respondent No. 4, learned A.G.A. for the State and perused the record. Due to matrimonial discord, the corpus (Master Vinamra Gupta) aged about 8 years is staying with his mother, respondent No. 4 at Varanasi since past eight months. The present petition has been filed by the father of the corpus seeking his custody. Pursuant to the order dated 30.04.2025, today the corpus Master Vinamra Gupta (aged about 8 years) has been produced by respondent No. 4, Sarita Gupta. On the query being raised, the respondent No. 4 is adamant to stay at her Maika and has refused to join her matrimonial home as she is politically active. As the corpus Master Vinamra Gupta is minor, he is unable to decide about his safe custody therefore, looking to the welfare of the minor corpus, as a paramount consideration, let the custody of the corpus Master Vinamra Gupta remain with his father, Gagan Kumar Gupta. The corpus has two elder sisters who shall take care of the welfare of the minor corpus. However, the mother respondent No. 4, Sarita Gupta is granted the visitation rights to meet all her three children regularly on every Sunday from 03:00 pm to 06:00 pm at the venue fixed by the District Magistrate, Varanasi. With the aforesaid direction, the petition is disposed of. Registrar (Compliance) shall ensure that the minor corpus, Vinamra Gupta is safely sent to his father's home. The presence of Constable Vinay Tiwari alias Raj Tiwari is hereby exempted. Order Date :- 7.5.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad