Uttarakhand High Court
Manish Tandon vs Richa Tandon & Others on 24 July, 2015
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Habeas Corpus Petition No. 15 of 2015
Manish Tandon ... Petitioner
Vs
Richa Tandon & others ... Respondents
Mr. Sharad Sharma, Senior Advocate assisted by Ms. Indu Sharma, Advocate, present for
the petitioner.
Mr. P.S. Saun, Deputy Advocate General, present for the State/respondent Nos. 4 and 5.
Hon'ble Sudhanshu Dhulia, J.
This is the Habeas Corpus petition filed by the husband/petitioner - Manish Tandon on the ground that his two children, namely, Ishant Tandon and Adwait Tandon are in the illegal custody of his wife/respondent No. 1 - Richa Tandon. It has been stated in the writ petition that petitioner and respondent No. 1 were married in the year 2002. Thereafter, a divorce petition under Section 13 of the Hindu Marriage Act was filed and both of them entered into compromise on 17.05.2010. On the basis of the compromise arrived at between them divorce was granted and the custody was given to the wife, but visiting rights to meet his children, have been given to the petitioner. In spite of that the decree has not been executed and since he has not been allowed to visit his children, he apprehends for the safe custody of his children.
A preliminary objection of maintainability has been raised by the State, as the custody of the minor children is with the mother/respondent No. 1 cannot be called "illegal custody". Keeping this ground of maintainability of the petition open, as that will depend upon the response of the respondents, yet the fact that there is a bona fide urgency in the matter where the father apprehends the safety of his children, as he does not know the whereabouts of respondent Nos. 1 to 3, only for a 2 precautionary measure, it is hereby directed that Senior Superintendent of Police, Dehradun shall apprise this Court as to the whereabouts of the wife/respondent No. 1 as well as his two children. Nothing further needs to be done on this by the Superintendent of Police, Dehradun.
Issue notices to respondent Nos. 1 to 3. Steps to be taken within a week.
List this matter on 24.08.2015 in the daily cause list.
Meanwhile, the Senior Superintendent of Police, Dehradun shall submit its report, as directed above.
(Sudhanshu Dhulia, J.) 24.07.2015 Aswal