Allahabad High Court
Rohit Agarwal & Another vs State Of U.P. & 3 Others on 8 July, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- HABEAS CORPUS WRIT PETITION No. - 18439 of 2016
Petitioner :- Rohit Agarwal & Another
Respondent :- State Of U.P. & 3 Others
Counsel for Petitioner :- Mohammad Jamil Akhtar,V.M. Zaidi
Counsel for Respondent :- G.A.,Atul Kumar
Hon'ble Abhai Kumar, J.
Learned counsel for the petitioners as well as counsel for the respondent no. 4 are present.
Respondent no. 4 is also present personally along-with corpus and apparently corpus is about 3 ½ years old. It is submitted by respondent no. 4 that corpus is studying in the best school of the town and respondent no. 4 is also teaching in a school at Muzaffar Nagar.
It is submitted by learned counsel for the petitioners that no counter affidavit has been filed regarding the assertion. In the circumstances, it is directed that counter affidavit may be filed by the opposite parties within six weeks. Rejoinder affidavit, if any, may be filed by the petitioner within two week thereafter.
It is submitted by learned counsel for the petitioners that a meeting right should be given to the father with his son. It is not being denied by respondent no. 4, respondent no. 4 is ready for that, but it is submitted by her that the meeting should be done at the house of respondent no. 4 itself and she is not willing to part the custody of the corpus independently to the petitioner. In this regard, the Court is of the view that child should not be deprived of the love of father. Moreover, if the child is no right to meet the father independently, then child will not form a relation with the father and in the circumstances, this cannot be permitted that father will not meet the child independently.
It is also agreed by respondent no. 4 that this meeting can be done once in a week in response to that it is submitted by respondents that kid is not familiar with the father / petitioner and corpus should not be handed over to the petitioner for taking away initially. In the circumstances, it is ordered that petitioner may meet the corpus once in a week between 10:00 a.m. to 05:00 p.m for four hours on every Sunday for first four weeks. The petitioner will meet the corpus at the house of respondent no. 4.
The District Magistrate, Muzaffar Nagar, is directed to depute a police constable to remain present at the house of respondent no. 4 from 10:00 to 05:00 p.m. on the days when the petitioner will go for meeting the corpus.
After four weeks, the petitioners may take the corpus to the market for two hours in the intervening period and during that two hours the deputed police constable will remain with the petitioner and corpus.
It is submitted by learned counsel for the petitioner that birth day of the corpus is on 20th of July of this month and the petitioner wants to celebrate the birthday of the corpus independently, whereas it is submitted by learned counsel for respondent no. 4 that function has already been organized on 20th July, 2016 for celebrating the birthday of son. It is not possible to hand over the corpus to the petitioner for celebrating the birth day party on that day.
In the circumstances, it is ordered that petitioner can take the corpus on next day i.e 21st of July, 2016, for celebrating the birthday of his son that to be held in the city of Muzaffar Nagar itself between 05:00 p.m to 09:00 p.m. In that celebration respondent no. 4 will also accompany, if wishes so. The parents of respondent no. 4 are also allowed, if they wish so to join the function, if any.
List on 23th August, 2016.
Order Date :- 08.07.2016.
Vinod.
