Latest News
Back
Document:
Ltd. Col. S. Bajaj vs. State of Uttarakhand & Col. Jaipreet Singh
Ltd. Col. S. Bajaj vs. State of Uttarakhand & Col. Jaipreet Singh
A habeas corpus writ petition was filed in the Uttarakhand High court under article 226 of the constitution of India. This petition was filed to secure the custody of son Arjun by safely removing him from the illegal detention of Col. Jaipreet Singh and present him before this Hon’ble Court. This petition was filed by the maternal uncle of the minor.
The matter was presented before the single judge bench of Hon’ble R.C. Khulbe, J.
About Article 226 of the Constitution of India
Article 226 of the constitution of India empowers the citizen of India to file a writ petition to the High Court for enforcement of fundamental rights granted under article 12-35 of the constitution of India.
The writ of habeas corpus- The literal meaning of the word “Habeas Corpus” is to have the body. This writ is filed for the presentation of any person who has been illegally detained by the state. In the matter of Child Custody, the Habeas corpus proceeding is a medium through which the custody of the child is addressed to the discretion of the court. In child custody matters, the power of the High Court in granting the writ is qualified only in cases where the detention of a minor by a person who is not entitled to his legal custody.
The writ of Habeas corpus for the custody of the child is filed only in the exceptional case when no ordinary relief is left with the aggrieved party.
The facts of the cases are that Arjun aged about 17 is been unlawfully detained by his father and the maternal uncle of Arjun has filed a writ petition of Habeas corpus for getting the custody of Arjun.
Rashmi Bajaj was the biological mother of Arjun and she passed away on 08.05.2021 due to Covid. Col. Jaipreet Singh and Rashmi Bajaj were married to each other and Arjun is their son. Col. Jaipreet Singh, who is the respondent in the case, treated Rashmi Bajaj with the utmost amount of mental and physical cruelty after the birth of Arjun. On 06.01.2021 the respondent sent notice to the deceased for divorce through mutual consent.
The petitioner has contended that the respondent has illegally detained Arjun and is not allowing him to meet any of his maternal relatives.
When the matter came up for hearing before the Uttarakhand High Court on 18.05.2021, a direction was issued to the State to produce Master Arjun before the Principal Judge/ Judge, Family Court, Dehradun on 21.05.2021 for recording his statement.
After listening to the statement of Arjun the court has been able to derive few important points:
- Arjun has crossed 17 years 9 months and studying in 12th standard in Army Public School, Dehradun.
- Arjun will gain majority on 10.09.2021 which shows that he will attain the age of majority after three months from today. After attaining the age of majority, the Court cannot compel him to go with any person against his will. But regarding the custody of the interregnum period is concerned, from the statement of Master Arjun, it is clear that he is studying in 12th Class and he will appear in boards exam also.
- Though the respondent is the father of the child but the petitioner is also the maternal uncle of the child and he has sufficient means.
- Arjun is his statement also said that he is interested in living with his maternal uncle.
After listening to the appeals of both the party and the statement of master Arjun the court taking into consideration the welfare of child has decided the following:
- The minor-Arjun, who has been produced before the Judge, Family Court in compliance of this Court order, is ordered to be given in the custody of the writ-petitioner till he attains the age of majority i.e. 10.09.2021.
- Respondent no.3 shall have visitation rights to meet the child on the 1st Monday of every calendar month between 10:00 a.m. to 12:00 noon at the Chamber of Principal Judge, Family Court, Dehradun. During these visitation hours, the minor shall be provided free access to meet/communicate with respondent no.3.
Document:
