Habeas corpus
abhishek
(Querist) 16 September 2015
This query is : Resolved
Respected Sir
I only wanted to meet my daughter and i have put Habeas Corpus as my wife is not following court orders.
i got the below reply - Can anybody help me in this contest. this writ is dismissed by court.
below is the reply
Petitioner :- Kumari Saachi Mittal (Minor) And Another
Respondent :- State Of U.P. And 7 Others
Counsel for Petitioner :- Amitabh Agarwal
Counsel for Respondent :- Govt.Advocate
Hon'ble Pramod Kumar Srivastava,J.
Heard Sri Amitabh Agarwal, learned counsel for the petitioner, learned A.G.A. and perused the record.
Petitioner no. 2 Abhishek Mittal is husband of respondent no. 6 Smt. Arnima Mittal and father of petitioner no. 1 Kumari Saachi Mittal (minor). Kumari Saachi is living with her mother respondent no. 6 Smt. Arnima Mittal in Mawana, district Meerut. Petitioner no. 2 Abhishek Mittal and respondent no. 6 Smt. Arnima Mittal are living separately as some dispute have arisen between them. Principal Judge, Family Court, G.B. Nagar had directed in case no. 26/2014, Abhishek Mittal Vs. Arnima Mittal that petitioner Abhishek Mittal will have right to meet her daughter Kumari Saachi at any public place on every Sunday between 4 to 6 p.m. Now, petitioner has filed this writ of habeas corpus on the ground that respondent no. 6 is residing with her sister respondent no. 7 and brother-in-law respondent no. 8 in Delhi and not permitting him to meet Kumari Saachi.
In paragraph 3 of the petition, petitioners have specifically mentioned that "Smt. Arnima Mittal has been residing separately along with her parents at Mawana, Meerut. Daughter Saachi has been staying along with her mother and has been carrying out her study in Ankur Public School, Mawana, Meerut". This shows that respondent no. 6 is residing at Mawana, Meerut with her daughter Saachi. The dispute relating to custody? of minor child is still pending in the court, which has given specific direction to the effect that petitioner will have right to meet his daughter in accordance with directions. If such direction is not complied with or flouted, then petitioner will have right to execute directions of the Principal Judge, Family Court by moving application/petition before it. But in no way custody of Kumari Saachi with her mother respondent no. 6 Smt. Arnima Mittal can be treated as illegal. This is not a case of illegal or improper detention. Therefore, this petition is dismissed.
Order Date :- 28.5.2015/SR
malipeddi jaggarao
(Expert) 16 September 2015
The Court is right in dismissing the Writ as the custody of the child is at present with mother and you have only visitation rights. If the visitation rights are denied you have the remedy of moving for execution of the orders before the same court instead of rushing to High Court.
Devajyoti Barman
(Expert) 16 September 2015
In the present situation no case of Habeus Corpus lies and I wonder who advised you to do this.
You should have filed a contempt petition in high court for non complaisance of visitation order. That would have fetched desired result.
You still now can file that case.
R.K Nanda
(Expert) 16 September 2015
consult local lawyer.
Rajendra K Goyal
(Expert) 16 September 2015
File contempt case against the mother.
SAINATH DEVALLA
(Expert) 18 September 2015
Who was the gentleman who adviced U to file habeas corpus?
K.S.Srinivas
(Expert) 18 September 2015
I agree with the expert Devajyoti Barman.
