Patna High Court
RajKamalversusThe Home Secretary, Govt. of Bihar, old Secretariat Patna
- Decided
- Disposal
- DISPOSED
Holding
Custody disputes involving minors must be decided by the Family Court under the Hindu Minority and Guardianship Act, 1956, and not by a writ jurisdiction court.
Summary
The petitioner, RajKamal, filed a writ of habeas corpus seeking the release of his two minor children, alleging that his in‑laws had taken them into illegal custody after his wife’s death. He claimed the respondents, including police officials and his in‑laws, were unlawfully detaining the children. The Court examined whether a writ jurisdiction court could entertain a custody dispute involving minors. It held that such matters fall within the exclusive jurisdiction of the Family Court under the Hindu Minority and Guardianship Act, 1956. Accordingly, the Court directed the petitioner to approach the appropriate Family Court and disposed of the writ petition.
Issues considered
- Can a writ of habeas corpus be issued for the release of minor children in a family custody dispute?
- Does the High Court have jurisdiction to decide custody rights over the Family Court?
- Is the alleged detention of the children by the respondents illegal under criminal law or a civil family law matter?
Legislation cited
Subjects
- habeas corpus
- child custody
- family law
- Hindu Minority and Guardianship Act, 1956
- jurisdiction
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.286 of 2026
Arising Out of PS. Case No.-1135 Year-2025 Thana- RAMKRISHNANAGAR District-
Patna
======================================================
RajKamal, aged about 40 years, male, Son of Late Jankdhari Singh Resident
of village- Bhupatipur Opposite Ramjanki Mandir,PO-Dhelwa,P.S-
Ramkrishna Nagar,Beur, Dist- Patna,At Present- Residing at Vikas Akela near
Nalanda Biscuit Factory, Khagaul phulwari Road,P.S-Phulwarisharif, Dist-
Patna
... ... Petitioner
Versus
1. The Home Secretary, Govt. of Bihar, old Secretariat Patna bihar
2. The Director General of Police, Bihar, patna bihar
3. The Inspector General of Police, Govt. of Bihar, Patna bihar
4. The Deputy Inspector General of Police, Patna bihar
5. The Senior Superintendent of Police, Dist- Patna bihar
6. The officer in -charge Ram Krishna Nagar Ps, dist- Patna bihar
7. Rajender Singh son of Late Bhagiran Singh Resident Of Village- Bhupatipur
Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna
8. Rekha Devi Wife of Shree Rajender Singh Resident Of Village- Bhupatipur
Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna
9. Rohit Kumar Son of Shree Rajender Singh Resident Of Village- Bhupatipur
Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna
10. Monu Kumar Son of Shree Rajender Singh Resident Of Village- Bhupatipur
Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna
11. Rahul Kumar Son of Late Sahdeo Singh Resident Of Village- Bhupatipur
Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna
12. Rupa Devi Wife of Rahul Kumar Resident Of Village- Bhupatipur Opposite
Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna
13. Anjali Kumari Daughter of Sri Raj Kamal Resident Of Village- Bhupatipur
Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna
14. Dev Raj Son of Rajkamal Resident Of Village- Bhupatipur Opposite
Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Ranjan Kumar Sinha, 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.286 of 2026(2) dt.12-02-2026
2/3
“I. Issue a writ of habeas corpus commanding
the respondent authorities to produce the minor
children namely Anjali Kumari aged about 9
years and Dev Raj aged about 7 years who is
respondent no.11 to 12) before this Hon’ble
Court.
II. Direct the immediate release of the minor
children of the petitioner from the illegal
custody of the respondent no. 7 to 10 and restore
the children to the petitioner.
III. Direct to police authorities to assist in
securing the release of the minor children of the
petitioner and restore their liberty.
IV. For such other relief or reliefs as the
petitioner may to found entitled in the eye of
law.”
2. The brief facts of the case as per the petitioner is
that he was married to one Neha Kumari in accordance with
Hindu rites and customs. Out of the said wedlock, two children
were born. It is stated that due to alleged continuous cruel
behaviour and harassment on the part of the wife, the petitioner
instituted a matrimonial case before the Civil Court at Patna.
Subsequently, after the unfortunate demise of his wife, it is
alleged that the petitioner’s in-laws unlawfully took custody of
his minor child and forcibly occupied the petitioner’s residential
house.
Patna High Court CR. WJC No.286 of 2026(2) dt.12-02-2026
3/3
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
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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