Uttarakhand High Court
Priyanka Bahuguna vs State Of Uttarakhand And Others on 18 February, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
Office Notes,
reports, orders or
Sl. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
D1-
01 HABC No.3 of 2026
Priyanka Bahuguna ...Petitioner
Versus
State of Uttarakhand and Others ...Respondents
Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Mr. Parikshit Saini and Ms. Sukhwani Singh, Advocates for the petitioner.
Mr. J.S. Virk, D.A.G. with Mr. Rajesh Joshi, Brief Holder for the State.
It is a Habeas Corpus petition filed by the mother seeking the corpus of her child, with regard to which the petitioner has also filed a missing report.
Learned State Counsel was required to get status of the missing report.
Today, learned State Counsel submits that, in fact, the child is with his father in Bhagalpur, Bihar, and he is safe.
How is Habeas Corpus petition maintainable in such matters? These are the child's custody matters.
Reference has been made to the judgment in the case of Yashita Sahu Vs. State of Rajasthan and Others, (2020) 3 SCC 67.
Are not the facts of that case quite distinct where the mother was required to stay in United States of America under the orders of the court of competent jurisdiction so that the joint parenting could be given to both the parents, but, in violation of it, the mother had come to India? Is not the present case quite distinguishable? Why this petition should be entertained? Heard on this point, but not concluded.
List this matter on 25.03.2026.
(Siddhartha Sah J.) (Ravindra Maithani J.) 18.02.2026 RV