Uttarakhand High Court Grants Minor's Custody To Maternal Uncle On Habeas Corpus Plea

Noting that the maternal uncle of a minor has sufficient means to look after him, the Uttarakhand High Court on Wednesday handed over the custody of a 17-Year-old to his maternal uncle on a habeas corpus plea seeking custody of minor against his own father.

The Bench of Justice R. C. Khulbe ordered thus while noting that the minor has crossed the tender age and going to attain the age of majority very soon and he has himself averred that he was very much interested to reside with his maternal uncle, Lt. Col. Shakti Bajaj.

The matter before the Court

Filing the habeas corpus plea, the Maternal Uncle of the minor sought direction to the State Of Uttarakhand to secure the custody of Arjun by safely removing him from the illegal detention of respondent no.3 (minor's father) and present him before the Court.

It was started that Rashmi Bajaj was the biological mother but she passed away on May 8, 2021, and there were estranged relations between respondent – Jaipreet Singh (father of the minor) and Rashmi Bajaj (mother of master Arjun).

Further, it was submitted that after the birth of Arjun, his father had treated the deceased (minor's mother) with utmost amount of mental and physical cruelty and she was compelled to pick up a part-time job.

Lastly, it was stated that the minor's father is presently posted in Sikkim and he had detained the corpus Arjun and was not allowing him even to interact with the maternal relatives of the deceased.

Taking into account the fact that Arjun is going to attain the majority in September 2021 and that after attaining the age of majority, the Court cannot compel him to go with any person against his will.

"As regards to custody of the interregnum period is concerned, from the statement of Master Arjun, it is clear that he is studying in 12th Class and he will appear in board exam also. He is ready to live in Dehradun with his maternal uncle, Lt. Col. S. Bajaj," added the Court.

In these circumstances, the instant writ petition is allowed with the following directions:-

1. The minor-Arjun, who has been produced before the Judge, Family Court in compliance of this Court order, is ordered to be given in the custody of the writ petitioner till he attains the age of majority i.e. 10.09.2021.
2. Respondent no.3 (father) shall have visitation rights to meet the child on the 1st Monday of every calendar month between 10:00 a.m. to 12:00 noon at the Chamber of Principal Judge, Family Court, Dehradun. During these visitation hours, the minor shall be provided free access to meet/communicate with respondent no.3.

Case title - Ltd. Col. S. Bajaj v. State of Uttarakhand & Col. Jaipreet Singh

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