Uttarakhand High Court

Unknown vs State Of Uttarakhand And on 8 May, 2025

                                                    2025:UHC:3626-DB

     IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
            HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                                 AND
                 HON'BLE SRI JUSTICE ALOK MAHRA



              Habeas Corpus Petition No. 11 OF 2025

                             8th May, 2025

Smt. Shivli Srivastava                ......                 Petitioner


                                Versus


State of Uttarakhand and
and Others                            ......                 Respondents


Presence:-
Mr. Sanjay Bhatt, learned counsel for the petitioner.
Mr. J.S. Virk, learned Deputy Advocate General for the State.

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JUDGMENT:

(per Hon'ble The Chief Justice Sri G. Narendar)

The petitioner is the mother and the corpus is the

child, who is alleged to be in the custody of the 3rd

respondent, who is none other than the natural father of

the corpus.

2. In that view, we are of the opinion that a writ in the

nature of habeas corpus is not maintainable; that the

petitioner being made available with the alternate remedy

under the Guardians and Wards Act and with an alternate

forum of Family Court, the instant writ petition is disposed

2025:UHC:3626-DB of by granting liberty to avail of the alternate remedies,

permissible under law.