Krishna Mohan Tiwari vs State Of Mp.
2021 Latest Caselaw 3436 MP

                                       1                                 WP-10710-2021
         The High Court Of Madhya Pradesh
                    WP-10710-2021
                     (KRISHNA MOHAN TIWARI Vs STATE OF MP. AND OTHERS)

2
Jabalpur, Dated : 19-07-2021
       Heard through Video Conferencing.
       Shri Om Prakash Mishra, learned counsel for the petitioner.
       Shri Vivek Sharma, learned Deputy Advocate General for the State.
       Shri Neeraj Ashar, learned counsel for respondent No.5.

Petitioner has filed this writ petition for issuance of writ of habeas

corpus for production of minor daughter namely Bhavya Tiwari aged about 5 year and minor son namely Atharva Tiwari aged about two months.

Learned counsel for the petitioner submitted that petitioner was married to deceased namely Ruchita Tiwari. Deceased gave birth to her second child in her matrimonial house and after delivery she died. Petitioner is father of both the minor children and demanded their custody which was refused by private respondents No.5 to 8. It is further submitted by him that petitioner is natural guardian being biological and sociological father of his daughter and son, therefore, respondents No.5 to 8 ought to have handed over his children

to him. Their refusal and keeping his children in their custody amounts to illegal detention.

Learned counsel appearing for petitioner has relied upon the judgment reported in (2019) 7 SCC 42, Tejaswini Gaud and Others Vs. Shekhar Jagdish Prasad Tewari and Others.

Learned Deputy Advocate General for State produced the corpus along with respondents No.6 and 8 who are mother and brother of deceased. It is submitted by him that they are better equipped to take care of children. It is also submitted that petitioner alone will not be able to take care of the children, therefore, they may be given custody of the children.

Heard the counsel for the petitioner as well as private respondents. In case of Tejaswini Gaud (supra) Apex Court had held that 2 WP-10710-2021 appellants who are sister and relative of deceased refused to give custody to respondent/father. On this ground, petition of habeas corpus was filed seeking restoration of custody of children. It was held by Apex Court that appellants' detention of children was illegal and respondent/father being natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1890 living with his mother and having sound financial status was capable of

taking proper care of girl child and entitled to mutual love and affection and custody of minor daughter.

In this case also, petitioner is ready to take custody of his minor children. He is natural guardian and a young man aged about 36 years working as Medical Representative. He is in a position to take care of his children.

In view of same, writ petition filed by petitioner is allowed. Private respondents are directed to hand over the custody of petitioner's minor daughter namely Bhavya Tiwari aged about 5 year and minor son namely Atharva Tiwari aged about two months to petitioner.

Deputy Advocate General is directed to see that handing over the custody of minor children to petitioner is peaceful and without any hindrance.

With aforesaid direction, writ petition filed by petitioner is disposed of.

(VISHAL DHAGAT) JUDGE

shabana Digitally signed by SHABANA ANSARI Date: 2021.07.20 11:49:19 +05'30'