Patna High Court - Orders
Syed Naiyar Haroon vs The State Of Bihar Through Home ... on 25 October, 2018
Author: Madhuresh Prasad
Bench: Ravi Ranjan, Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No 1430 of 2018
Arising Out of PS. Case No.- Year- Thana- District- Patna
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Syed Naiyar Haroon, Son of Syed Md Haroon @ S M Haroon @ Mohammad
Haroon, Resident of Flate No. 103 Faiz Apartment Khagari Gali Road, P.O.-
B.V College, P.S.- Shashtri Nagar, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Home Secretary Government of Bihar, Patna.
2. The Chief Secretary Govt. of Bihar, Patna.
3. The Director General of Police, Bihar, Patna.
4. The Deputy Inspector General, Patna Range, Patna.
5. The District Magistrate, Patna.
6. The Senior Superintendent of Police Bihar, Patna.
7. The City Superintendent of Police, Patna Distt. Patna.
8. Syed Sameena Hussain, daughter of SS Eqbal Hussain, resident of House No.
326, Patliputra Colony, P.S.- Patliputra, Distt.- Patna.
9. Dr. S S Eqbal Hussain, Son of Late Syed Hasrat Hussain, resident of House
No. 326, Patliputra Colony, P.S.- Patliputra, Distt.- Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy
For the Respondent/s : Mr. Lalit Kishore (Ag)
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CORAM: HONOURABLE DR JUSTICE RAVI RANJAN
and
HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
(Per: HONOURABLE MR JUSTICE MADHURESH PRASAD)
9 25-10-2018This writ petition has been filed seeking the relief of habeas corpus for producing the minor child of the petitioner, namely, Syed Asbaque Haroon who is aged about 7 years. The allegation in the writ petition is that respondents No 8 and 9, namely, the wife of the petitioner and father-in-law of the petitioner are restraining the child from meeting the petitioner. By way of the instant application, the petitioner has also sought Patna High Court Cr. WJC No.1430 of 2018(9) dt.25-10-2018 2/5 full custody and visiting rights in respect of the above named child.
In the course of hearing, the petitioner had appeared in person and so had respondent No 8. During the course of the proceedings, the petitioner made a proposal that he should be allowed to take the child for better treatment to Qatar where he is employed. Respondent No 8, mother had expressed agreement to the said proposal. However, she has submitted that she is compelled to accept the proposal due to the fact that her financial incapacity did not allow her to give better treatment to the child who, admittedly, is suffering with autism.
The same petitioner had earlier moved this Court by filing a writ petition bearing Cr W J C No 1283 of 2016, which was finally disposed of vide order dated 10.03.2017. For better appreciation of the background, this Court would consider it appropriate to reproduce paragraph 4 of the said judgment which reads as follows:
"4 The first thing we would like to record, is that for some reason the matrimonial relationship between the petitioner and respondent No 8 has completely broken down, inasmuch as the writ petitioner claims to have already divorced respondent No 8. Fortunately for us, the issue before this Court is not the relationship between the petitioner and respondent No 8 as husband and wife but it is with regard to the custody of their child. The unfortunate part is that the child, who is about 5-6 years of age, needs special care and Patna High Court Cr. WJC No.1430 of 2018(9) dt.25-10-2018 3/5 attention. He has a medical condition "Autism" because of which it is not possible for either of the parents to independently and individually bring up the child. He needs assistance, care, affection and security 24 hours. The solution is not time share parenting but the only solution for the child who needs special care is shared parenting where both the parents are available. But as noted above, the matrimonial allinace has broken down and it is difficult to expect the parties to share common accommodation even though that is the ideal solution. After considering various option, we are happy to note that the parties have come to an amicable settlement for the sake of their son. Both parents are equally conscious and have equal emotional attachment with their son which is but natural. Parties agreed that respondent No 8, the estranged wife, the writ petitioner and the child would travel to Qatar together. In fact, when the child has to travel by air, he has to be accompanied by both the parents. The estranged husband petitioner would arrange for necessary travel documents, travel papers and tickets for his son and his divorced wife, respondent No 8 who has to travel to Qatar and stay at Qatar as a visitor as long as the law of that country permits. If need be for the purposes of renewal of visa facility, both would come and spend time in India preferably coinciding with festivals subject to availability of leave. Petitioner would bear all expenses of the child's fooding, his stay and his schooling and all other expenses including reasonable expenses for the stay and sustenance of respondent No 8. This shared parenting, we hope, would have favourable results as the child needs a lot of compassion apart from professional assistance."
Admittedly, the finances have not been made available to sustain the best treatment of the child in terms of the order dated 10.03.2017 passed by this Court in Cr W J C No 1283 of 2016. Different reasons are being advanced on behalf of both the parties. Each of them alleges that the other has somehow defaulted in taking appropriate steps for treatment of Patna High Court Cr. WJC No.1430 of 2018(9) dt.25-10-2018 4/5 the child.
Subsequently, better sense has prevailed. It appears that the parties are in agreement to serve the best interest of the child and to ensure his best treatment. This Court is also concerned with the best interest of the child.
Considering the fact that the petitioner has expressed his willingness in the instant proceedings also to provide funds as required for treatment of the child, this Court, for the present, proposes to test the bona fides of the proposal. The petitioner has agreed in Court that he would provide all expenses of the child's fooding, his stay and his schooling and all other expenses including reasonable expenses for the stay and sustenance of respondent No 8 so as to facilitate the treatment of the child at COMM DEALL Institute, Bengaluru.
Since it is in the interest of the child that the treatmenty be started without any undue delay, it is expected that the petitioner would take all possible steps to ensure that the child's treatment may start as soon as possible.
Let the petitioner provide sufficient expenses to make effective his proposal recorded hereinabove.
The matter may be listed on 04.02.2019.
It is made clear that the order is in the nature of a Patna High Court Cr. WJC No.1430 of 2018(9) dt.25-10-2018 5/5 consent order and the parties are expected to take all possible steps to make effective the proposal recorded in the instant order.
(Dr Ravi Ranjan, J) ( Madhuresh Prasad, J) M.E.H./-
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