Master Moksh Doyijode And Another vs State Of U.P. And 5 Others
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Allahabad High Court

Master Moksh Doyijode And Another vs State Of U.P. And 5 Others on 19 November, 2024

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:182359
 
Court No. - 85
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 614 of 2024
 

 
Petitioner :- Master Moksh Doyijode And Another
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Abhilasha Singh,Ashutosh Yadav,Man Mohan Mishra,Shyam Lal
 
Counsel for Respondent :- G.A.,Kartikeya Saran
 

 
Hon'ble Saurabh Srivastava,J.
 

1. Heard Sri Swapnil Aeron through video conferencing and Sri Man Mohan Mishra, learned counsel for petitioners and Sri Kartikeya Saran, learned counsel appearing on behalf of respondent no. 5 and learned AGA for the State.

2. Present petition has been preferred with the prayer to issue a writ, order or direction in the nature of Habeas Corpus directing the respondent nos. 2, 3, 4 and 5 to liberate the corpus from the unlawful custody of respondent no. 6 and produce him before this Court and hand him over to petitioner no. 2.

3. The sole purpose for filing the instant petition has already been decided vide order dated 26.09.2024 passed by co-ordinate Bench of this Court after examining and verifying the actual position through corpus himself and extended visitation right in favour of the petitioner no. 2 i.e. Smt. Mukta Singhal mother of the corpus to meet her son i.e. petitioner no. 1/Master Moksh Doyijode on every Sunday from 3 p.m. to 6 p.m. and it is further ordered that the venue shall be fixed by Station House Officer, Police Station Noida Sector 142, District Gautam Buddh Nagar which will be a safe and conducive place other than the Police Station.

4. For substantiating the arguments with regard to handing over the corpus in favour of mother, learned counsel for the petitioner relied upon the judgment passed by co-ordinate Bench of this Court in Habeas Corpus Writ Petition no. 430 of 2020 decided on 19.10.2020 wherein the child was 2 year old inevitably needs his mother more than he does his father and it was further ordered that the father shall have the visitation right and the minor was ordered to be handed over to the mother.

6. The judgment relied upon by learned counsel for the petitioners is not covering the fields of the facts of the instant matter since in the instant matter corpus along with his mother and father have already been examined by co-ordinate Bench of this Court which arrives over the finding recorded in order dated 26.09.2024.

7. So far as the visitation rights are concerned the same will be available with the petitioner no. 2 but at the same time it is hereby clarified that the corpus has not to be troubled for moving from Banglore to some another station. It is however made clear that petitioner no. 2 may visit on any Sunday of any month from 8 a.m. in the morning to 8 p.m. by way of giving prior notice to respondent no. 6 so that the common place may be amicable decided between them and the corpus shall be accompanied along with his father.

8. The instant petition stands disposed of accordingly.

Order Date :- 19.11.2024

Shaswat