Court No. - 5 Case :- HABEAS CORPUS No. - 424 of 2010 Petitioner :- Master Arjun Respondent :- Saurabh Singh And Ors. Petitioner Counsel :- Rajnish Mishra Respondent Counsel :- G.A.,Shri Asif Hasan Hon'ble Vedpal,J.
Counter affidavit filed on behalf of opposite party no.1 is taken on record.
Learned counsel for the petitioner as well as learned counsel for the opposite
party no.1, are present.
Learned A.G.A. for the State is also present on behalf of opposite party nos. 2
and 3.
This Habeas Corpus petition under Section 226 of the Constitution of India
has been filed by the petitioner for issuance of a writ in the nature of
Mandamus commanding opposite party no.1 to immediately release the
alleged detenue in favor of mother.
Heard learned counsel for the parties and perused the record.
It is admitted fact between the parties that opposite party no.1 is the husband
of Smt. Rupali Chaturvedi and it is a dispute of custody of the minor child
between the husband and wife. There is an alternative remedy for the parties
to move before the authority concerned under the Guardian and Wards Act.
The controversial question of fact cannot be decided in this writ petition. The
custody of the minor child with his father cannot be said to be illegal and on
this ground too this petition is not maintable.
In view of above, petition is misconceived and is accordingly dismissed.
Order Date :- 22.7.2010
Mahesh