Created by Fuzzy Cloud

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
                                            2/4




                                  “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
                                            3/4




                                  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
                                                        4/4




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.