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2025 DAILYLAW 6121 (UTT)

SHIVLI SRIVASTAVA v. STATE OF UTTARAKHAND

HABC/11/2025 · 2025-05-08

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:3626-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA Habeas Corpus Petition No. 11 OF 2025 8th May, 2025 Smt. Shivli Srivastava …… Petitioner Versus State of Uttarakhand and and Others …… Respondents Presence:- Mr. Sanjay Bhatt, learned counsel for the petitioner. Mr. J.S. Virk, learned Deputy Advocate General for the State. --------------------------------------------------------------------- JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) The petitioner is the mother and the corpus is the child, who is alleged to be in the custody of the 3rd respondent, who is none other than the natural father of the corpus. 2. In that view, we are of the opinion that a writ in the nature of habeas corpus is not maintainable; that the petitioner being made available with the alternate remedy under the Guardians and Wards Act and with an alternate forum of Family Court, the instant writ petition is disposed 1 2025:UHC:3626-DB of by granting liberty to avail of the alternate remedies, permissible under law. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 8th May, 2025 Ujjwal 2