SHIVAY MINOR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/420/2025 · 2025-05-26
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62810 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62810 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 420 of 2025 Petitioner :- Shivay Minor And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vipin Chandra Pandey Counsel for Respondent :- 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. The present Habeas Corpus Writ Petition has been filed with a prayer to issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to give custody of the corpus/child in favour of petitioner no. 2 or permit the petitioner no. 2 to meet with her child every month after the gap of 15 days with the help of police.
Learned counsel for the petitioners has confined her prayer only seeking visitation rights of her minor son. Petitioner no. 1 Shivay, aged about one year, has been detained by respondent no. 4 Yatendra Pal Singh (father of the corpus). In view of above, the petitioner no. 2, Rekha Rani, (mother of the petitioner no. 1/corpus) be facilitated to meet her son Shivay (corpus) on every Sunday of every month from 09.00 (A.M) to 12.00 (Noon) for rendering care at the venue fixed by the Station House Officer, Police Station Etmaddaula, District Agra which should be a safe and conducive place for exercise the visitation right other than the police station. In the meantime, petitioners can avail the alternative remedy provided under the Guardians and Wards Act, 1890 for seeking custody of her minor son. With the aforesaid directions, the present Habeas Corpus Petition is, accordingly, disposed of.
Order Date :- 27.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad