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2026 DAILYLAW 6808 (UTT)

ABDUL KADIR AND ANR v. STATE OF UTTARAKHAND

WPCRL/947/2026 · 2026-06-11

Alok Mahra

body2026

Judgment text

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2026:UHC:4687 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/947/2026 Hon’ble Alok Mahra, J. Mr. Saurabh Kumar Pande, learned counsel for the petitioners. 2. Mr. S.C. Dumka, learned A.G.A. for the State. 3. Mr. T.A. Khan, learned counsel for private respondents. 4. By means of the present criminal writ petition under Article 226 of the Constitution of India, the petitioners seek issuance of a writ, order or direction in the nature of mandamus directing respondent nos. 2 and 3 to consider and decide the representation dated 18.05.2026 submitted by the petitioners within a stipulated time; further seeking a direction to the respondent authorities to provide adequate protection to the life and personal liberty of petitioner no.1 and petitioner no.2 and to take preventive action against respondent nos. 4 to 6 in case any threat perception is found. 5. Learned counsel for the petitioners would submit that the dispute essentially arises out of matrimonial discord between the parties; that, the marriage of petitioner no.1 with respondent no.4 was solemnized on 15.04.2015 in accordance with Muslim rites and customs and out of the said wedlock, petitioner no.2 (minor son) was 2026:UHC:4687 born on 23.01.2016; that, due to matrimonial differences, the parties started residing separately; that, thereafter, petitioner no.1 instituted proceedings for restitution of conjugal rights before the learned Family Court and the same came to be allowed ex parte vide judgment and order dated 07.12.2018. 6. Learned counsel for the petitioners would further submit that respondent no.4 left the matrimonial home in the year 2017 and the minor child initially remained in the care and custody of petitioner no.1 and his family members; that, petitioner no.2 was pursuing his education and was peacefully residing with his father and grandparents till the morning of 11.01.2023, however, respondent no.4 allegedly took the custody of the minor child without prior information and thereafter refused to permit petitioner no.1 to meet or interact with the child. It is, thus, prayed that petitioner no.1 may be permitted visitation rights to meet his minor son. 7. Per contra, learned counsel appearing for the respondent would submit that the conduct and behaviour of petitioner no.1 is not conducive to the welfare of the minor child. It is further submitted that respondent no.4 has also lodged an F.I.R. against petitioner no.1 under Sections 498-A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. 8. Be that as it may, after hearing 2026:UHC:4687 learned counsel for the parties and interacting with the parties as well as the minor child, this Court is of the considered opinion that, at this stage, the welfare of the child would be best served by facilitating interaction between petitioner no.1 and the minor child in a neutral and supervised environment. 9. Accordingly, it is directed that petitioner no.1 shall be permitted to meet petitioner no.2 at the Taluk Legal Services Committee (TLSC), Outlying District Court, Roorkee, District Haridwar, on every first and third Saturday of each month between 2:00 P.M. and 4:00 P.M. 10. Respondent no.4 shall ensure the presence of the minor child before the Taluk Legal Services Committee (TLSC), Outlying District Court, Roorkee, District Haridwar, on the aforesaid dates and timings to facilitate such visitation. 11. With the aforesaid directions, the present criminal writ petition stands disposed of. 12. Registry is directed to communicate a copy of this order forthwith to the Secretary, Taluk Legal Services Committee (TLSC), Outlying District Court, Roorkee, District Haridwar for necessary compliance. (Alok Mahra, J.) 11.06.2026 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f 244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 d9cabfd54852c9e68911ca8b 66dd26690a191648ab5d8dd 004ef0, cn=MAMTA RANI Date: 2026.06.12 11:44:06 +05'30'