Habeas Corpus | Both mother and father are the natural guardians of their children, therefore, it cannot be held that custody of the father is unlawful: Allahabad HC

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The bench said that the mother and father are the natural guardians of their children, therefore to conclude that the Corpus is in the unlawful custody of his father would not be a correct approach. Both families live nearby. The Corpus counter-claim of torture cannot be decided in a habeas corpus petition solely on the basis of allegations and assertions made in the respective affidavits.

The High Court said that “The Court interacted with Corpus and found that the boy is happy with his father and grandparents and wants to live with his parents, meaning his father and mother. The Corpus appears to be in good health and does not appear to be under force or framed. It is only because the father admitted him to another school which is allegedly a substandard school that the Court cannot conclude that the welfare of Corpus is not being properly looked after by the father. . »

The court observed that in a case of interparental conflict, a child may be affected by relational distress and may develop conflict of loyalty and parental alienation, therefore, parents are advised to settle their differences to achieve the wish of Corpus that he expressed before this Court that he wants to live with his younger brother father and mother as a family and wants to hold their hand to return home with his younger brother to live in peace and happiness.

In view of the above, the High Court dismissed the petition.

Case title: Granth Verma v. State of UP and 4 more

Bench: Judge Saurabh Shyam Shamshery

Case no: WRITTEN REQUEST HABEAS CORPUS No. – 521 of 2022

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Allahabad HC said on Thursday that in case of inter-parental conflict, a child may be affected by relationship distress, so parents are advised to settle their differences to fulfill Corpus/Child’s wish.

The bench of Judge Saurabh Shyam Shamshery said that “A counter-allegation of Corpus torture cannot be decided in a habeas corpus motion solely on the basis of allegations and assertions made in the respective affidavits.”

In this case, Corpus, a seven-year-old boy, approached the Court through his mother alleging that Corpus had been kidnapped by her husband, taking advantage of Corpus’ mother’s good gesture to allow him to meet Corpus.

Sri Sarvesh, the applicant’s solicitor argued that the applicant’s stepfather not only molested but also touched her inappropriately and that Corpus was very happy with his mother’s company, however, the father kidnapped him and as a result Corpus will be returned to his mother.

Sri Mahesh Narain Singh, Respondent’s Solicitor, maintained that Corpus was tortured and he was not happy with his mother, therefore, by his own free will, he accompanied his father and is currently living happily. A compromise was reached with eyes open by the parties and the mother tried to enforce it by police personnel, which was not allowed.

The question to be considered before the bench was as follows:

Could custody of the Corpus be entrusted to the mother?

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The bench said that the mother and father are the natural guardians of their children, therefore to conclude that the Corpus is in the unlawful custody of his father would not be a correct approach. Both families live nearby. The Corpus counter-claim of torture cannot be decided in a habeas corpus petition solely on the basis of allegations and assertions made in the respective affidavits.

The High Court said that “The Court interacted with Corpus and found that the boy is happy with his father and grandparents and wants to live with his parents, meaning his father and mother. The Corpus appears to be in good health and does not appear to be under force or framed. It is only because the father admitted him to another school which is allegedly a substandard school that the Court cannot conclude that the welfare of Corpus is not being properly looked after by the father. . »

The court observed that in a case of interparental conflict, a child may be affected by relational distress and may develop conflict of loyalty and parental alienation, therefore, parents are advised to settle their differences to achieve the wish of Corpus that he expressed before this Court that he wants to live with his younger brother father and mother as a family and wants to hold their hand to return home with his younger brother to live in peace and happiness.

In view of the above, the High Court dismissed the petition.

Case title: Granth Verma v. State of UP and 4 more

Bench: Judge Saurabh Shyam Shamshery

Case no: WRITTEN REQUEST HABEAS CORPUS No. – 521 of 2022

Get instant legal updates on mobile – Download the Law Trend app now

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