NITISH MOTIRAMANI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/1033/2024 · 2025-03-18
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112774 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112774 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39719 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 1033 of 2024 Petitioner :- Nitish Motiramani And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hari Bans Singh,Raj Kumar Srivastava Counsel for Respondent :- Abhishek Kumar Srivastava,Alekh,G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. Pursuant to the order dated 06.02.2025 respondent No. 4 Palak Khemani is present before this Court along with her daughter petitioner No. 2 Yashvi Motiramani (corpus) and are identified by counsel for the respondent No. 4. The corpus is aged about six years and is unable to express her intent. Considering the welfare of the child, petitioner No. 1 Nitish Motiramani (father of the corpus) is granted the visitation rights to meet his daughter on every Sunday from 2:00 to 05:00 PM without any hindrance. The venue for visitation rights shall be decided by the S.H.O., Police Station-Laksa, District-Varanasi who shall ensure the compliance of the aforesaid order. Commissioner of Police, Varanasi shall ensure that the order to be complied with. However, petitioner No. 1 Nitish Motirarmani (father of the corpus) can seek the custody of his daughter under the Guardians and Wards Act, 1890. The present Habeas Corpus writ petition is accordingly, disposed of. The Bankers Cheque of Rs.20,000/- dated 31.01.2025 as legal expenses drawn in favour of Palak Khemani has been handed over by the petitioner No. 1 Nitish Motiramani to the respondent No. 4 Palak Khemani (mother of corpus) in the Court today. Order Date :- 19.3.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad