Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2776 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No. 613 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Kamaluddin, learned counsel for the petitioner. 2. Mr. B.C. Joshi, learned A.G.A for the State. 3. Mr. Rakesh Bhardwaj, learned counsel for the complainant. 4. On the previous date i.e. on 09.04.2026 this Court passed the following order:-
“3. By the instant writ petition, the petitioner Shabana, W/o Late Tausif is praying for the following reliefs:-
“(i) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to ensure protection to the life and liberty of the petitioner. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent authorities to take appropriate legal action against the private respondents for their illegal acts. (iii) Issue a writ order or direction directing the respondent authorities to restore custody of the minor daughter of the petitioner to her in the interest of justice.”
4. It is submitted that the petitioner’s husband Tauseef unfortunately expired on 02.01.2025 and she left her in-laws’ house to complete the Iddat period of four months, but when she returned, the respondent nos. 4 to 8 have not permitted the petitioner to enter in the house. He submits that there is a minor daughter of petitioner aged about three years, however, the custody of the child has not be given to the petitioner. 5. List this case on 17.04.2026 as fresh in order to enable the State to get instructions from the S.H.O. of P.S. Bhagwanpur, District Haridwar. In the meantime, the S.S.P. Haridwar shall examine the matter and then apprise to this Court on the next date. 6. It is further made clear that if the S.S.P and S.H.O. come to the conclusion that there is any threat from the respondent nos. 4 to 8 to the petitioner, they immediately take steps to secure the life and liberty of the petitioner. 7. On the next date, the petitioner and respondent no.4 and 5 shall also join the proceedings through V.C along with the minor child of the petitioner. The S.H.O concerned shall intimate this proceeding to the
2026:UHC:2776 respondent nos. 4 and 5 so that on the next date respondent no.
4 and 5 shall ensure their presence through V.C. along with the minor daughter of the petitioner.”
5. In compliance of the aforesaid order petitioner is present in person in the Court and respondent no. 4 and 5 joined the proceeding through V.C. along with minor child of the petitioner. 6. There is no dispute that petitioner is the mother of minor child, who is at present with respondent nos. 4 and 5, who joined the proceeding through V.C and the approximate age of the child is 3 years. 7. In such view of the matter, this Court is of the view that the custody of the child should be given to the petitioner, who is mother and natural guardian of the child. 8. Accordingly, the S.H.O concerned is directed to depute one lady police official to complete all the formalities in order to give custody of the child to the petitioner. 9. This Court further interacted with the petitioner and her in-laws, who joined the proceeding through V.C. who lost their son who was husband of the petitioner and therefore, this Court has full sympathy with petitioner and respondent no. 4 and 5 but since the child is only three years old the custody of the child should remain with petitioner being a mother. 10. After interaction with all of them, they apprised to this Court that they have decided to live together and they will treat the petitioner as their own daughter. 11. In case either of the parties have any grievance in future, they can apprise to the concerned S.H.O. who shall take immediate appropriate steps. 12. Subject to the observation and direction, as above, the writ petition is disposed of finally. (Rakesh Thapliyal, J.)
17.04.2026 SKS / Nahid
2026:UHC:2776