Patna High Court
PraveenversusThe State of Bihar through Additional Chief Secretary, Home Dept, Govt of Bihar, Patna
- Decided
- Disposal
- DISPOSED
Holding
Custody disputes are to be decided by the competent Family Court under the Hindu Minority and Guardianship Act, 1956.
Summary
The petitioner, Praveen, filed a writ petition seeking a habeas corpus writ to recover his minor son, Viraj Shah, from the maternal grandparents who were allegedly retaining the child illegally. He also sought mandamus directing police assistance and protection for his family. The High Court observed that the dispute concerns custody rights, which fall within the jurisdiction of a Family Court under the Hindu Minority and Guardianship Act, 1956. Accordingly, the Court directed the petitioner to approach the appropriate Family Court for relief. The petition was therefore disposed of without any substantive order on the custody claim.
Issues considered
- Whether the High Court can entertain a habeas corpus petition for custody of a minor child against private respondents.
- Whether the Court can issue a mandamus directing police assistance in a family custody dispute.
- Whether the jurisdiction to decide custody lies with the High Court or the Family Court under the Hindu Minority and Guardianship Act, 1956.
Legislation cited
Subjects
- habeas corpus
- child custody
- guardianship
- family court
- Hindu Minority and Guardianship Act
- mandamus
- police assistance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.258 of 2026
======================================================
Praveen, male, aged about 30 years, Son of Shyam Krishna Resident of-
Nagla Main Road, Near Madho Mill, P.S. Malsalami, District Patna, Bihar
... ... Petitioner
Versus
1. The State of Bihar through Additional Chief Secretary, Home Dept, Govt of
Bihar, Patna Bihar
2. The Director General of Police, Bihar Patna
3. The Senior Superintendent of Police, Gaya, Bihar.
4. The Senior Superintendent of Police, Patna, Bihar.
5. The District Magistrate, Gaya, Bihar.
6. The Superintendent of Police / City SP, Gaya, Bihar.
7. The Station House Officer, P.S. Kotwali, District Gaya, Bihar.
8. The Station House Officer, P.S. Alamganj, District Patna Bihar.
9. Virendra Kumar Son of Late Nathun Saw Resident of Pipal Gali, near kali
Mandir, Jhilganj, New Godown, P.S. Kotwali, District- Gaya, Bihar.
10. Sushila Devi Wife of Virendra Kumar Resident of Pipal Gali, near kali
Mandir, Jhilganj, New Godown, P.S. Kotwali, District- Gaya, Bihar.
11. Amar Kumar Son of Virendra Kumar Resident of Pipal Gali, near kali
Mandir, Jhilganj, New Godown, P.S. Kotwali, District- Gaya, Bihar.
12. Amardeep Kumar Gupta Son of Virendra Kumar Resident of Pipal Gali,
near kali Mandir, Jhilganj, New Godown, P.S. Kotwali, District- Gaya,
Bihar.
13. Richa Kumari Wife of Amar Kumar Resident of Pipal Gali, near kali
Mandir, Jhilganj, New Godown, P.S. Kotwali, District- Gaya, Bihar.
14. Viraj Shah Son of Praveen Resident of Nagla Main Road, Near Madho Mill,
P.S. Malsalami, District Patna, Bihar. Presently reside with 9 to 13 at Gaya
... ... Respondents
======================================================
Appearance :
For the Petitioner : Ms. Mira Kumari, Advocate
For the Respondents : Mr. P.N. Sharma, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 12-02-2026 In the present petition, the petitioner has prayed for
the following relief(s):-
Patna High Court CR. WJC No.258 of 2026(2) dt.12-02-2026
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“I. For the issuance of the writ of Habeas
Corpus commanding the respondents to
trace, recover and produce the minor child
namely "Viraj Shah" (Male, born on
13.05.2024) before this Hon'ble Court and to
hand over his custody to the Petitioner
(father/natural guardian), as the child is
being illegally kept/detained by the private
respondents;
II. For issuance of a writ of Mandamus
commanding the respondent authorities,
particularly the Superintendent of Police,
Gaya / Patna and the concerned SHOs, to
provide immediate police assistance for safe
recovery of the minor child and to prevent
his removal/concealment;
III. For issuance of a direction to ensure
protection of life and liberty of the Petitioner
and his family members, as the petitioner
has credible threat perception due to the
conduct of the private respondents;
IV. For, passing such other order(s) as this
Hon'ble Court may deem fit in the facts and
Patna High Court CR. WJC No.258 of 2026(2) dt.12-02-2026
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circumstances of the case, including but not
limited to interim custody, visitation
restrictions, or any welfare-based directions
for the minor child.
V. For, any other relief or reliefs for which
the petitioner is legally and validly entitled
in the facts and circumstances of the case;”
2. The brief facts of the case are that the petitioner
alleges that he has been unlawfully deprived of the custody of
his minor child by the maternal grandparents of the child (in-
laws of the petitioner), who are stated to be retaining custody
despite repeated requests made by the petitioner. It is the case of
the petitioner that, upon the unfortunate demise of the child’s
mother, he, being the natural guardian of the minor child, is
legally entitled to the custody of the child.
3. Considering the facts and circumstances of the
case, this Court is of the opinion that the dispute raised involves
adjudication of custody rights. Such issues are appropriately to
be examined by the competent Family Court under the
provisions of the Hindu Minority and Guardianship Act, 1956.
4. Accordingly, it would be appropriate for the
petitioner to file an application before the Family Court having
Patna High Court CR. WJC No.258 of 2026(2) dt.12-02-2026
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competent jurisdiction. In the event, such an application is filed,
the concerned Family Court shall consider and decide the same,
in accordance with law, preferably within a period of one year
from the date of its filing.
5. With the aforesaid observation, the present
application stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J.)
(Rajesh Kumar Verma, J.)
Gaurav Kumar,
Ibrar/-
U
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