Km. Nitu (Minor) And Another vs State Of U.P. And 5 Others
2023 Latest Caselaw 9507 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 291 of 2023
 

 
Petitioner :- Km. Nitu (Minor) And Another
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Avnish Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Avnish Kumar Srivastava, learned counsel for the petitioners and Sri Ratan Singh, learned A.G.A. appearing for the State.

Present petition has been filed seeking direction to the respondents to produce the petitioners before this Court. Further prayer has been made seeking direction to the respondents to set free the petitioners from the illegal detention and to allow them to go and live on her own sweet will with their father.

It is not in dispute that that pursuant to the order passed by the District Child Welfare Committee the corpus petitioner nos. 1 and 2, Nitu and Gauri, have been sent to Lala Ramanuj Dayal Vaishya Bal Sadan (Balika), Meerut and at present they are living there.

The petitioner claims himself to be natural guardian and father of the corpus, who admittedly appeared after 12 years and after 7 years of death of his wife to claim the minor daughters.

Present petition is not maintainable in view of the judgment passed in Rachna and another vs. State of U.P. AIR 2021 (Allahabad) 109 (FB).

There is yet another ground for not entertaining the petition that the petitioner has admittedly appeared after 12 years and perusal of the affidavit at page 23 further reflects that admittedly the daughters of the petitioner refused to recognize the petitioner-Manik Saw, who has come forward claiming himself to be natural guardian and father of the corpus and unless it is proved that he is natural father of the corpus, no such petition can be entertained at his instance for production of corpus.

In such view of the matter, we find that the present petition is not maintainable and the same is accordingly dismissed.

However, the petitioner is set at liberty to avail the remedy as may be available to him in accordance with law.

Order Date :- 31.3.2023

Lalit Shukla