Smt. Rajvindra Kaur And 3 Others v. State Of Up And 4 Others

Vakalatnama filed by Sri Munesh Kumar Sharma, Advocate on behalf of respondent no.4, is taken on record.

Heard learned counsel for the petitioners; learned AGA for the State; learned counsel for the respondent no.4 and perused the record.

The instant writ petition has been filed by the husband seeking direction to produce the wife- Smt. Rajvindra Kaur (petitioner no.1) along with minor son, namely, Jagroop Singh @ Fateh Singh (petitioner no.2) and minor daughter, namely, Rabjeet Kaur (petitioner no.3) before this Hon'ble Court and release them from illegal custody / detention of the respondent nos.4 and 5.

Learned counsel for the petitioners states that the corpus Smt. Rajvindra Kaur (petitioner no.1) is legally wedded wife of Devendra Singh (petitioner no.4) and petitioner no.2-Jagroop Singh @ Fateh Singh minor son of Devendra Singh and petitioner no.3-Rabjeet Kaun minor daughter of Devenra Singh. All of them are presently residing with respondent nos.4 and 5, who are father and brother of Smt. Rajvindra Kaur (petitioner no.1), therefore, aggrieved by the same, he has preferred the instant writ petition.

Pursuant to the orders dated 28.11.2024 and 05.03.2025, the corpus, Smt. Rajvindra Kaur (petitioner no.1), has been produced before this Court by the police along-with her father respondent no.4.

Upon examination by the Court, the corpus, Smt. Rajvindra Kaur (petitioner no.1), has stated that she is major and her age is 29 years. She further affirmed that she has neither been detained nor kept in illegal custody by respondent nos. 4 and 5, her father and brother. She has also stated that the allegations made in the present petition are unfounded. She further stated that her husband is habitual drinker and beat mercilessly, therefore, she does not want to go with him.

In light of her voluntary statement, Sub-Inspector Shri Harish Chandra Tyagi (P.N.O. No. 892140206), Police Station Jhinjhana, District Shamli, who escorted the corpus Smt. Rajvindra Kaur (petitioner no.1) to the Court, is directed to release her forthwith to go with respondent nos. 4 and 5.

Insofar as the minor children, namely Jagroop Singh @ Fateh Singh (petitioner no.2) and Rabjeet Kaur (petitioner no.3) both are born from the wed-lock of corpus, Smt. Rajvindra Kaur (petitioner no.1) and petitioner no.4-Devendra Singh (husband), matters pertaining to guardianship and custody are primarily governed by the Guardians and Wards Act, 1890, under which a person asserting custodial rights may seek appropriate relief through a duly instituted application.

Upon a careful consideration of the material on record, this Court finds no cogent evidence to establish that the custody of the minor children (petitioner nos.2 and 3) with respondent nos.4 and 5 is illegal or improper so as to warrant interference under Article 226 of the Constitution by way of a writ of habeas corpus.

The issue of custody and guardianship of the minor remains within the purview of the competent civil forum, and the parties are at liberty to pursue appropriate legal remedies under the relevant statutory framework.

It is clarified that the observations made herein are purely prima facie and confined to the adjudication of the present writ petition. They shall not influence or prejudice the merits of any proceeding pending or to be instituted before the appropriate forum.

In view of the above, the habeas corpus writ petition is found to be devoid of merit and is, accordingly, dismissed.

The legal expenses amounting to Rs. 40,000/-, by way of Demand Draft No.072648, dated 23.01.2025, has been handed over to petitioner no.1, Smt. Rajvindra Kaur, in the Court.

Copy of this order be sent to the District Magistrate, Shamli. Order Date :- 10.4.2025 I.A.Siddiqui Justice Vinod Diwakar IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad