Simran Kaur vs State Of Uttarakhand & Others
2023 Latest Caselaw 3489 UK

Uttarakhand High Court

Simran Kaur vs State Of Uttarakhand & Others on 1 December, 2023

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
          HON'BLE THE ACTING CHIEF JUSTICE SRI MANOJ KUMAR TIWARI
                                          AND
                       HON'BLE SRI JUSTICE PANKAJ PUROHIT

                HABEAS CORPUS PETITION NO. 23 OF 2023

                           01ST DECEMBER, 2023

Simran Kaur                                                      .....Petitioner.
                                       Versus

State of Uttarakhand & others                                    ....Respondents.

Counsel for the Petitioner                 :       Mr. Amit Kapri, learned counsel.

Counsel for the State                      :       Mr. J.S. Virk, learned Deputy
                                                   Advocate General with Mr. R.K.
                                                   Joshi, learned Brief Holder.

The Court made the following:

JUDGMENT:

(per Hon'ble The Acting Chief Justice Sri Manoj Kumar Tiwari)

By means of this writ petitioner, petitioner has

sought the following reliefs:-

"I) Issue a writ, orders or directions in the nature of Habeas Corpus directing the Respondent no.2 to 4 to produce the victim (daughter of the complainant) before this Hon'ble Court.

II) Issue a writ, orders or directions in the nature of Mandamus directing the Respondent No.2 to 4 to give custody of the victim to her lawful guardian.

III) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case".

2. According to the petitioner, she took one Ms. Alisha

(minor) in adoption from her biological parents, namely, Smt.

Samreen Qureshi and Mr. Rahish Qureshi. However, the

authorities of Child Welfare Committee, Dehradun have

illegally detained the minor Ms. Alisha.

3. Vide order dated 30.11.2023, we directed the

Senior Superintendent of Police, Dehradun to produce the

detenue before the Court through video conferencing.

4. In sequel to the said order, Ms. Alisha appeared

through video conferencing. She made a statement that she

was being ill-treated by the petitioner, and she is happy in

Children's home maintained by the Child Welfare Committee.

She further stated that she does not want to go back to the

petitioner.

5. Learned State Counsel points out that the deed of

adoption, which is enclosed as Annexure-1 to the writ

petition, is not valid for various reasons. He submits that Ms.

Alisha and petitioner belong to different faith, and that the

adoption deed is unregistered. He points out that the

adoption deed is not in consonance with Section 10 of the

Hindu Adoptions and Maintenance Act, 1956.

6. We are not examining the validity of adoption deed

at the moment. However, having regard to the statement

made by Ms. Alisha, there is no scope of interference.

Accordingly, the Habeas Corpus petition is dismissed.

7. We, however, direct the Child Welfare Committee

to ensure that Ms. Alisha is rehabilitated with her biological

parents, or as per the provisions of the Juvenile Justice (Care

and Protection of Children) Act, 2015.

8. Pending application, if any, also stands disposed of.

(MANOJ KUMAR TIWARI, A.C.J.)

(PANKAJ PUROHIT, J.) Dated: 01st December, 2023 NISHANT