Patna High Court
Rima KumariversusThe state of Bihar through Director General of Police, Bihar, Patna
- Decided
- Disposal
- DISPOSED
Holding
The High Court held that the Family Court, not the High Court, has competent jurisdiction to decide the custody matter and ordered the present application withdrawn.
Summary
The mother of a minor child filed an application in the Patna High Court seeking custody of the child, who was then in the father's custody. The Court examined the materials and concluded that the appropriate forum for such a dispute is the Family Court with jurisdiction under the Hindu Minority and Guardianship Act, 1956. Accordingly, the Court allowed the petitioner to withdraw the present application and pursue relief before the Family Court. The application was ordered to stand disposed of as withdrawn. Any pending applications, if any, were also directed to be disposed of.
Issues considered
- Whether the High Court has jurisdiction to entertain a custody dispute between parents.
- Whether the appropriate forum for adjudicating the custody claim is the Family Court under the Hindu Minority and Guardianship Act, 1956.
Legislation cited
Subjects
- custody
- family court jurisdiction
- Hindu Minority and Guardianship Act
- withdrawal of application
- criminal writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.3183 of 2025
Arising Out of PS. Case No.-1990 Year-2023 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Rima Kumari W/O Sri Vijay Shankar Kumar, D/O Sri Baijnath Mistri R/O
Village and P.O- Karhari, P.S- Kinzar, Distt.- Arwal (Bihar) At present R/O
Village- Rukunpur, P.S- Guraru, Distt.- Gaya.
... ... Petitioner
Versus
1. The state of Bihar through Director General of Police, Bihar, Patna Bihar
2. The Senior Superintendent of Police, Gaya. Bihar
3. The Officer Incharge, Guraru Police Station, Distt.- Gaya. Bihar
4. Vijay Shankar Kumar S/O Jainath Vishwakarma R/O Village- Badha Kol,
P.S- Pali, Distt.- Patna.
5. Jainath Vishwakarma S/O Late Jagdeo Vishwakarma R/O Village- Badha
Kol, P.S- Pali, Distt.- Patna.
6. Parwati Devi W/O Jainath Vishwakarma R/O Village- Badha Kol, P.S- Pali,
Distt.- Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Satyaveer Jha, Advocate
For the Respondent Nos. 4,5,6 : Mr. Anunay Shahi, Advocate
Mr. Sudeep Kumar, Advocate
Mr. Priya Ranjan, Advocate
Mr. Ankit Kumar Gautam, Advocate
For the State : Mr. Narendra Kumar Singh, AC to GP-22
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 04-02-2026 The present application has been filed on behalf of the
mother of a minor child, seeking custody of the child, who is
currently in the custody of the father.
2. Upon perusal of the materials available on record,
this Court is of the view that the appropriate forum for
Patna High Court CR. WJC No.3183 of 2025(3) dt.04-02-2026
2/2
adjudication of the present dispute would be the Family Court
having competent jurisdiction. The petitioner shall be at liberty
to avail the appropriate remedy by filing an application under
the provisions of The Hindu Minority and Guardianship Act,
1956 before the said Court.
3. Accordingly, learned counsel for the petitioner
seeks permission to withdraw the present application with
liberty to pursue the matter before the Family Court.
4. With the aforesaid liberty, the present application
stands disposed of as withdrawn.
5. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Sachin/-
U
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