Allahabad High Court
Nandini @ Kumari Varsha Chaudhary ... vs State Of U.P. And 3 Others on 4 February, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- HABEAS CORPUS WRIT PETITION No. - 962 of 2019 Petitioner :- Nandini @ Kumari Varsha Chaudhary (Minor) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nasiruzzaman Counsel for Respondent :- G.A.,Amrit Shanker Dubey Hon'ble Neeraj Tiwari,J.
Heard Sri Nasiruzzaman, learned counsel for the petitioners, Sri Amrit Shanker Dubey, learned counsel for respondent Nos. 3 & 4 and learned A.G.A.
Yesterday, this Court has passed a detailed order in the petition and fixed the matter for today for hearing.
During the course of that time, good sense prevails between the parties and respondent Nos. 3 & 4 agreed to give the custody of the corpus, Nandini @ Kumari Varsha Chaudhary (Minor) to her mother, Smt. Babita.
Sri Amrit Shanker Dubey, learned counsel for respondent Nos. 3 & 4 requested that grand-father, grand-mother and Aunt (Bua) of the corpus may be given visitation right to meet her grand-daughter at least once in a week to look after her welfare, which was not objected by Sri Nasiruzzaman, learned counsel for the petitioners. He also requested that corpus may be permitted to participate in the family functions of respondent Nos. 3 & 4.
In the light of facts mentioned hereinabove, custody of the corpus, Nandini @ Kumari Varsha Chaudhary (Minor) is given to her mother, Smt. Babita today in Court. Receiving of the corpus is also recorded on the order sheet by Smt. Babita. Further, respondent Nos. 3 & 4 and Aunt (Bua) of the corpus is given visitation right to meet their grand-daughter at her mother's residence on every Sunday between 2:00 p.m. to 6:00 p.m. and on the festivals also. Further considering the age of corpus, she may participate in family functions of respondent Nos. 3 & 4 along with her mother, if so desired and in that eventuality, respondent Nos. 3 & 4 shall be responsible for the security of corpus and her mother, Smt. Babita.
With the aforesaid observations, petition is disposed off.
Order Date :- 4.2.2020 Sartaj