Priyanka Bahuguna vs State Of Uttarakhand And Others
2026 Latest Caselaw 1205 UK

Uttarakhand High Court

Priyanka Bahuguna vs State Of Uttarakhand And Others on 18 February, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

                Office Notes,
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D1-
01                                HABC No.3 of 2026
                                  Priyanka Bahuguna                            ...Petitioner
                                                          Versus
                                  State of Uttarakhand and Others           ...Respondents

                                  Hon'ble Ravindra Maithani, J.

Hon'ble Siddhartha Sah, J.

Mr. Parikshit Saini and Ms. Sukhwani Singh, Advocates for the petitioner.

Mr. J.S. Virk, D.A.G. with Mr. Rajesh Joshi, Brief Holder for the State.

It is a Habeas Corpus petition filed by the mother seeking the corpus of her child, with regard to which the petitioner has also filed a missing report.

Learned State Counsel was required to get status of the missing report.

Today, learned State Counsel submits that, in fact, the child is with his father in Bhagalpur, Bihar, and he is safe.

How is Habeas Corpus petition maintainable in such matters? These are the child's custody matters.

Reference has been made to the judgment in the case of Yashita Sahu Vs. State of Rajasthan and Others, (2020) 3 SCC 67.

Are not the facts of that case quite distinct where the mother was required to stay in United States of America under the orders of the court of competent jurisdiction so that the joint parenting could be given to both the parents, but, in violation of it, the mother had come to India? Is not the present case quite distinguishable? Why this petition should be entertained? Heard on this point, but not concluded.

List this matter on 25.03.2026.

(Siddhartha Sah J.) (Ravindra Maithani J.) 18.02.2026 RV