Welfare  of  the  minor  child  is  in  the  interest  of  his  grand-mother, who is  personally looking after  the welfare of  the child: Patna High Court.  

This case was filled by Anjali Raut @ Anjali, W/o Late Abhishek Kumar, Resident of VillageBelwaganj, Laheriasarai, Abdullahpur, Darbhanga, Bihar – 84600 against The State Of Bihar. The Judgment in ANJALI RAUT @ ANJALI Vs. The State of Bihar through Director General of Police. (Citation: CR. WJC No.133 of 2022) was served by HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE HARISH KUMAR.

In the instant habeas corpus writ application, the petitioner has prayed for directing the respondent-authorities to release the minor son of the petitioner from illegal detention of the private respondents. The private respondent nos. 5, 6 and 7 are fatherin-law, brother-in-law and sister-in-law of the petitioner respectively. The contention of the petitioner is that she lost her husband on 27.04.2021. She is blessed with a son namely, Aditya Kumar aged about ten years. The child is in the custody of the in-laws’ of the petitioner. The further contention of the petitioner is that prior to the death of her husband, she was thrown away from her marital house by the in-laws on 28.12.2020. The private-respondent nos. 5 and 6and 7 have illegally retained the custody of her minor child.

The Hon’ble Court in light of the facts and contentions raised by both the parties held that in the present situation, no direction can be issued to the respondent authorities to release the minor son of the petitioner and hand over his custody to the petitioner after being produced before the court. Further according to the court the petitioner has an equally efficacious statutory remedy available under the Guardianship and Wards Act for the redressal of her grievance. The pleadings made on behalf of the parties would make it clear that an application under the Guardianship and Wards Act has already been filed before the competent court and is pending adjudication. Accordingly inclined to entertain the present application. It is disposed of accordingly, with liberty to the petitioner to agitate her claim before the competent court at Darbhanga under the Guardianship and Wards Act.


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