HABC/25/2025
2026 Latest Caselaw 2696 UK

Uttarakhand High Court

HABC/25/2025 on 6 April, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
        Date        or directions                 COURT'S OR JUDGE'S ORDERS
No.
                   and Registrar's
                     order with
                     Signatures
      06.04.2026                     HABC No.25 of 2025
                                     Hon'ble Ravindra Maithani, J.

Hon'ble Siddhartha Sah, J.

Dr. Kartikey Hari Gupta, learned counsel for the petitioner.

2. Mr. J. S. Virk, learned DAG for the State.

3. Mr. Rajendra Singh Azad, learned counsel for respondent no.4.

4. In this Habeas Corpus Petition, the petitioner has defied the Court's order. In fact, it appears that she is playing fraud with the Court, which is a very serious issue.

5. The petitioner had sought custody of her young daughter. It was admitted that, in fact, in proceedings under Section 482 Cr.P.C., a settlement was arrived at between the parties whereby the custody of the minor daughter was given to respondent no. 4, and what is important is that the petitioner was agreeable to it. In spite of the settlement having been arrived at in the criminal proceedings, this Court put a parenting system in place and permitted the petitioner to visit the child on weekends, and also directed that the custody of the child was to be handed over to the petitioner on weekends. The Court further ordered on 24.09.2025 that the petitioner may spend time with her child on Saturday and Sunday, after which the custody was to be handed back to respondent no. 4. In fact, on 01.04.2026, when the matter was taken up, it was stated on behalf of respondent no. 4 that the petitioner had not returned the custody of the child to respondent no. 4.

6. On that date, learned counsel for the petitioner sought some time; the Court then directed the petitioner to hand over the custody to respondent no. 4 by today. However, it has not been handed over.

7. Learned counsel for respondent no. 4, appearing through V.C., submits that the petitioner has not handed over the custody of the child to him.

8. Learned counsel, who was appearing earlier for the petitioner would submit that now the petitioner has directed him not to appear.

9. Mr. Saizal Ahmed, learned counsel has put in appearance on behalf of the petitioner.

10. The Court does not wish to comment on the manner in which the petitioner is behaving before the Court.

11. Let the petitioner comply with the order of the Court by tomorrow and hand over the custody of the child to respondent no. 4 by 12:00 noon tomorrow.

12. List this case on 07.04.2026.

(Siddhartha Sah, J.) (Ravindra Maithani, J.) 06.04.2026 BS