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Patna High Court

Surendra Devang Paswan @ Surendra Paswan Bindeshwar PaswanversusThe State of Bihar through the Prinicipal Secretary Home Department, Govt of Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The writ application is disposed of with a direction to the Principal Judge, Family Court, Madhubani, to procure the appearance of the mother and child and to decide the guardianship case urgently.

Summary

Surendra Paswan filed a second writ of habeas corpus seeking custody of his minor son, alleging the child is being held by his wife Babita Kumari and Ram Sagar Paswan without authorization. The petitioner had earlier filed a writ alleging his wife's kidnapping, which was dismissed after she claimed to have left voluntarily. The current petition is linked to an ongoing guardianship application under the Guardian and Ward Act, 1890 (Section 12), which has been delayed due to the wife's non‑appearance. The State argued that the appropriate remedy is for the family court to proceed with the pending guardianship case. The High Court held that the writ should be disposed of with a direction to the Principal Judge of the Family Court, Madhubani, to secure the appearance of the mother and child and to expedite the case within six months. The order emphasizes urgency given the two‑and‑a‑half‑year pendency of the custody matter.

Issues considered

  • Whether a writ of habeas corpus is the proper remedy for a custody dispute involving a minor child.
  • Whether the High Court can intervene in a pending guardianship proceeding under the Guardian and Ward Act, 1890.
  • What directions, if any, should be issued to the Family Court to ensure timely resolution of the custody matter.

Subjects

  • custody
  • guardianship
  • minor child
  • writ of habeas corpus
  • Family Court
  • Guardian and Ward Act
  • urgent hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Writ Jurisdiction Case No.3348 of 2025
                                 Arising Out of PS. Case No.- Year-0 Thana- District- Madhubani
                 ======================================================
                 Surendra Devang Paswan @ Surendra Paswan Bindeshwar Paswan, S/o- Late
                 Bindeshwar Paswan, Resident of Village- Salempur, P.S.- Bisfi, District-
                 Madhubani, at present G-1, Vrindavan Seva Society, Kanaya Pada, Arun
                 Kumar Vidya Marg, Mahraja Tower, Gokhul Dham, Goregaon East, P.S.
                 District- Goregaon East, Mumbai.
                                                                             ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Home Department, Govt
                  of Bihar, Patna
           2.    The Superintendent of Police, District- Madhubani
           3.    The Station House Officer of Police Station- Bisfi, District- Madhubani
           4.    Ram Sagar Paswan S/o- Ramhit Paswan, Resident of Village- Salempur, P.S.
                 -Bisfi, District- Madhubani.
           5.    Babita Kumari, W/o- Surendra Paswan, S/o- Late Bindeshwar Paswan,
                 Resident of Village- Salempur, P.S. -Bisfi, District- Madhubani.
           6.     Sushil Kumar (Minor), S/o- Surendra Paswan S/o- Late Bindeshwar Paswan,
                  Resident of Village- Salempur, P.S. -Bisfi, District- Madhubani.
                                                                             ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner          :        Mr. Nishant Choudhary, Advocate
                                                      Mr. Gopal Krishna Nishant, Advocate
                                                      Mr. Shubham Kumar, Advocate
                 For the State               :        Mr. P.N. Sharma, AC to A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   05-01-2026                     Heard learned counsel for the petitioner and learned

                   AC to AG for the State of Bihar.

                                   2. This is the second writ application filed by the

                   petitioner seeking a writ in the nature of Writ of Habeas Corpus.

                   In his first writ application being Cr.WJC No. 469 of 2023, the

                   petitioner alleged that his wife Babita Kumari was kidnapped
Patna High Court CR. WJC No.3348 of 2025(2) dt.05-01-2026
                                            2/4




          and she was under illegal detention of one Ram Sagar Paswan.

          This Court issued notice to them whereupon they appeared.

          Wife of the petitioner informed this Court that she had left the

          company of the petitioner voluntarily and is cohabiting with

          Ram Sagar Paswan out of her free will. Thereafter, the writ

          application was disposed of as dismissed.

                      3. In the present writ application, the petitioner is

          seeking custody of his minor son (Respondent No. 6) who is

          said to be in unauthorized custody of Ram Sagar Paswan and

          Babita Kumari.

                      4. On going through the writ application, it appears

          that the petitioner has filed an application under the Guardian

          and Ward Act, 1890 giving rise to Application No. 2/2023 for

          getting permanent custody of his minor son.

                      5. Learned counsel for the petitioner submits that till

          date, the said Babita Kumari who is the wife of the petitioner

          has not appeared in the court of learned Principal Judge, Family

          Court, Madhubani. It is submitted that the guardianship case is

          pending since long and it is not proceeding due to complete

          non-cooperation on the part of his wife.

                      6. In these circumstances, it is submitted that this

          Court may entertain the writ application and pass an appropriate
Patna High Court CR. WJC No.3348 of 2025(2) dt.05-01-2026
                                            3/4




          order for custody of the minor son of the petitioner to his father.

                      7. On the other hand, learned AC to AG for the State

          submits that the petitioner has already initiated action by filing

          an application before the competent court under Section 12 of

          the Guardian and Ward Act, 1890. In such circumstance,

          appropriate direction may be given to the learned Principal

          Judge, Family Court, Madhubani to take appropriate steps to

          procure the attendance of the parties and decide the

          guardianship case as early as possible.

                      8. Having regard to the facts and circumstances of the

          present case, we are of the considered opinion that the writ

          application needs to be disposed of at this stage with a direction

          to the learned Principal Judge, Family Court, Madhubani.

                      9. Accordingly, we direct the learned Principal Judge,

          Family Court, Madhubani to take appropriate steps for

          procuring the appearance of the mother and the minor son of the

          petitioner in the Guardianship case. Despite appropriate steps

          taken in this regard, if they do not put their appearance, the

          learned court may proceed with the matter and decide the same

          in accordance with law. Since this is a custody matter and a case

          is pending for over two and half years, it is required to be taken

          up showing some urgency.
          Patna High Court CR. WJC No.3348 of 2025(2) dt.05-01-2026
                                                      4/4




                                10. We, therefore, direct that shorter dates shall be

                    fixed in the matter and all endeavours be made to decide the

                    matter within a period of six months from the date of

                    communication of a copy of this order.

                                11. This writ application stands disposed of

                    accordingly.



                                          (Rajeev Ranjan Prasad, J)


                                              (Shailendra Singh, J)
lekhi/-

U


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