Created by Fuzzy Cloud

Allahabad High Court

ARAHAT BHASKAR (MINOR) AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

No further issue survives for adjudication after the Supreme Court's modification, and the habeas corpus petition is disposed.

Summary

The Allahabad High Court had earlier ordered that the custody of the minor, Arahat Bhaskar, be placed with Smt. Vandana Maurya. The father, Shailendra Kumar Singh, appealed to the Supreme Court seeking visitation rights, which the Supreme Court granted, modifying the High Court's order. In light of this modification, the High Court was asked to consider whether any issue remained in the original habeas corpus petition. The court held that the Supreme Court's order fully addressed the matters raised, leaving no outstanding issue. Consequently, the High Court disposed of the habeas corpus petition.

Issues considered

  • What legal effect does a Supreme Court modification of a High Court custody order have on pending habeas corpus proceedings?

Subjects

  • habeas corpus
  • child custody
  • visitation rights
  • Supreme Court modification
  • minor

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               HABEAS CORPUS WRIT PETITION No. - 255 of 2022

                                    Arahat Bhaskar (Minor) And Another
                                                                                                   .....Petitioner(s)
                                                                         Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        :   Harish Chandra Mishra, Narendra Mohan
                                    Counsel for Respondent(s)        :   G.A.,    Pratik  Chandra,     Siddharth
                                                                         Srivastava

                                    Court No. - 53
                                                             HON'BLE SANDEEP JAIN, J.

                                    The instant habeas corpus petition was disposed of by this Court vide order
                                    dated 02.08.2022, whereby the custody of the minor corpus, Arahat Bhaskar,
                                    was entrusted to petitioner no.2, Smt. Vandana Maurya. The said order was
                                    subsequently assailed by the father of the corpus, respondent no.4,
                                    Shailendra Kumar Singh, before the Apex Court by means of SLP (Civil)
                                    No.14792 of 2022, primarily seeking visitation rights, which had not been
                                    granted by this Court.

                                    The Apex Court, vide judgment and order dated 19.02.2024, modified the
                                    order passed by this Court and accorded visitation rights to the father of the
                                    corpus/respondent no.4.

                                    In the aforesaid backdrop, learned counsel for the respondent submits that, in
                                    view of the subsequent order passed by the Apex Court, no further issue
                                    survives for adjudication in the present habeas corpus petition and the same
                                    may, accordingly, be disposed of.

                                    It is evident that the order passed by this Court has already been modified by
                                    the Apex Court vide order dated 19.02.2024 by granting visitation rights to the
                                    father of the corpus. Consequently, nothing further survives for consideration
                                    or adjudication in the present proceedings.

                                    Accordingly, the present habeas corpus petition stands disposed of.

                                    May 7, 2026
                                    Himanshu
                                                                                                (Sandeep Jain,J.)




Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad


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.