2026:UHC:708 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 3598 of 2025 09 February, 2026 Ravi Arora --Petitioner Versus Khusbu Sharma --Respondent ---------------------------------------------------------------------- Presence:- Mr. Vikas Bahuguna, learned counsel for the petitioner. Mr. Priyanshu Gairola, learned counsel for the respondent. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. By means of present writ petition, petitioner has put to challenge the order dated 17.12.2025 contained as annexure no.1 to the writ petition, passed by Uttarakhand Commission for Protection of Child Rights, whereby the SSP was directed to handover the custody of the child Master Jass, S/o Ravi Arora aged about five years to the respondent-Khusbu Sharma (wife). 2. It is contended by the learned counsel for the petitioner that the aforesaid order passed by the Uttarakhand Commission for Protection of Child Rights is beyond its jurisdiction. The proceedings under the Domestic Violence Act are already underway before the court of law. Further, if the respondent/wife (mother of the minor) seeks custody of the child, she may file appropriate proceedings before the Family Court for custody of the minor son, Master Jass (almost five years 2026:UHC:708 2 old), under the provisions of the Guardians and Wards Act, 1890. 3. This Court finds substance in the submission made by learned counsel for the petitioner. 4. Accordingly, the order dated 17.12.2025, passed by Uttarakhand Commission for Protection of Child Rights is hereby quashed. However, it is open to the respondent (wife) to avail the appropriate remedy as indicated above. 5. With the aforesaid directions, the writ petition is disposed of finally. 6. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 09.02.2026 AK