1 2025:CGHC:21125-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 3 of 2025 Shashank Kumar Chandrakar S/o Khilawan Chandrakar Aged About 37 Years Occupation Agriculturist, R/o 79/4, Nehru Nagar, East Bhilai, District Durg Chhattisgarh. (As Per Honble Court Order Dated 07-05- 2025) ... Petitioner versus 1 - State of Chhattisgarh Through Collector Durg District Durg Chhattisgarh. 2 - Mrs. Nutan Chandrakar W/o Shashank Kumar Chandrakar Aged About 38 Years Occupation - Government Service, Assistant Grade - Iii, District Education Department Office, Durg, District Durg Chhattisgarh. 3 - Shivansh S/o Shashank Kumar Chandrakar, Aged 6 Year 9 Months, Through Respondent No. 2 Their Natural Guardian (Mother) For Res. No. 3, R/o Kosta Para Dhamtari (C.G.) (As Per Honble Court Order Dated 07-05-2025) 4 - Shivanya D/o Shashank Kumar Chandrakar, Aged 5 Year 9 Months, Through Respondent No. 2 Their Natural Guardian (Mother) For Res. No. 4, R/o Kosta Para Dhamtari (C.G.) (As Per Honble Court Order Dated 07-05-2025) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Amitabh Verma, Advocate For Respondent-State : Mr. Shaleen Singh Baghel, Deputy Government Advocate ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.05.09 11:14:17 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 07.05 .2025 1. Heard Mr. Amitabh Verma, learned counsel for the petitioner. Also heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate appearing for the State/respondent No.1. 2. The present petition has been filed by the petitioner with the following relief(s):- “10.1 That this Hon’ble Court may kindly be pleased to issue a writ in the nature of Habeas Corpus direct there in to the respondent no.1 to produce the respondent no.03 & 04 before this Hon’ble Court. 10.2 Further may direct the respondent no. 2 to bring respondent no.3 & 04 to Bhilai Durg on every first Sunday of every month to meet with the petitioner & leave them with the petitioner from morning to evening. 10.3 Further may kindly issue writ, order or direction to the respondents to give relief to the petitioner, which this Hon’ble Court deem fit.” 3. Learned counsel for the petitioner submits that the petitioner and respondent No.2 are husband and wife and respondents No.3 and 4 are their son and daughter. He further submits that due to 3 dispute, respondent No.2 with respondents No.3 and 4 live separately at Dhamtari in her maternal house. Both the children are living and studying at Dhamtari while respondent No.2 is in Government service working at Government Higher Secondary School, Camp-02, Bhilai, District Durg and she does not allow the petitioner to meet with his son and daughter, hence a direction be issued to her to bring their children to Bhilai Durg on every first Sunday of every month to meet with the petitioner as also leave them with him from morning to evening. 4. Considering the facts and circumstance of the case and further even as per the pleadings of the petitioner, his children are with respondent No.2, who is his wife and mother of respondents No.3 and 4 and as such, it cannot be said that they are in illegal detention. If there is dispute between the husband and wife with regard to custody of children, no writ of habeas corpus can be issued against the respondent-wife and the petitioner has alternative efficacious remedy under the Guardian and Wards Act,1890 to seek custody of the children before the appropriate forum. 5. Accordingly, the petition is dismissed as not maintainable, leaving it open to the petitioner to take recourse to law before appropriate forum. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Anu