# Saroj Devi and Ors v. State of U.P. and Ors

- **Citation:** (2013) 2 ILRA 820
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2013-05-13
- **Case number:** Criminal Misc. Habeas Corpus Writ Petition No. 11846 of 2013
- **Bench:** Kalimullah Khan
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/saroj-devi-and-ors-v-state-of-u-p-and-ors-42611
- **Pages:** 2

## Headnote

Constitution of India, Art. 226- habeas
corpus petition-by mother on behalf of
two minor children of two years and
other-one of five months-respondent no.
4 and 5 being father and grand mother of
children-considering welfare of those
children-petitioner no. 1 allow to take
custody of those-infant liberty given to
the Respondent no. 4 and 5 to get the
company of those children from 10 to 2
pm on first Sunday of every monthpetition allowed.

Held: Para-5
Respondent nos. 4 and 5 are directed to
hand over Prithwi Singh petitioner no.2
and Priya Singh petitioner no.3 to the
custody of their mother Smt. Saroj Devi
petitioner no.1 who is directed to take
full care and protection of the children.
She is at liberty to seek maintenance for
herself
and
for
her
children
from
respondent no.4 in accordance with law.
At this stage respondent nos. 4 and 5
have handed over the children ( both the
corpus) to their mother petitioner no.1 in
the
court
itself.
Fact
is
observed
accordingly.

## Text

820 INDIAN LAW REPORTS ALLAHABAD SERIES [2013
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 13.05.2013

BEFORE
THE HON'BLE KALIMULLAH KHAN, J.

Criminal Misc. Habeas Corpus Writ
Petition No. 11846 of 2013

Saroj Devi and Ors.
 ...Petitioners
Versus
State of U.P. and Ors.
 ...Respondents

Counsel for the Petitioner:
Sri Pradeep Kumar Singh

Counsel for the Respondents:
A.G.A.
Sri M. Shahanshah Khan

Constitution of India, Art. 226- habeas
corpus petition-by mother on behalf of
two minor children of two years and
other-one of five months-respondent no.
4 and 5 being father and grand mother of
children-considering welfare of those
children-petitioner no. 1 allow to take
custody of those-infant liberty given to
the Respondent no. 4 and 5 to get the
company of those children from 10 to 2
pm on first Sunday of every monthpetition allowed.

Held: Para-5
Respondent nos. 4 and 5 are directed to
hand over Prithwi Singh petitioner no.2
and Priya Singh petitioner no.3 to the
custody of their mother Smt. Saroj Devi
petitioner no.1 who is directed to take
full care and protection of the children.
She is at liberty to seek maintenance for
herself
and
for
her
children
from
respondent no.4 in accordance with law.
At this stage respondent nos. 4 and 5
have handed over the children ( both the
corpus) to their mother petitioner no.1 in
the
court
itself.
Fact
is
observed
accordingly.

(Delivered by Hon'ble Kalimullah Khan, J.)

1. Heard learned counsel for the
petitioner, learned A.G.A. appearing for
respondent nos. 4 and 5 and perused the
record.

2. This writ of habeas corpus under
Article 226 of the Constitution of India
has been filed by Smt. Saroj Devi
petitioner no.1 with the averments that her
marriage was solemnized with respondent
no.4 Rajesh Singh on 9.2.2010 and from
this wedlock two issues were born.
Prithwi Singh petitioner no.2 is aged
about 2 years and Priya Singh petitioner
no.3 is aged about 5 month. Respondent
no.4 and his mother respondent no.5 Smt.
Aruna
Devi
adopted
torturing
and
practicing cruelty upon petitioner no.1
Smt. Saroj Devi in connection with
demand of dowry. The relation between
the parties interse became strained. The
climax is that on fine morning respondent
nos.4 and 5 forcibly ousted the petitioner
no.1 from their house after snatching
aforesaid two minor children from her
lap. She was compelled to leave the house
of her in laws. She lodged an F.I.R. under
section 498A IPC and Dowry Prohibition
Act against the respondent nos. 4 and 5
which is pending trial. As a matter of
counter
blast
respondent
no.4,
the
husband of petitioner no.1 filed a criminal
complaint case against petitioner no.1 and
her entire maternal family under section
452, 323, 504, 506 R/W 34 I.P.C. wherein
process under section 204 Cr.P.C. was
issued on 15.9.2012. The petitioner
visited several time to the house of
respondent no.4 to see her minor children
but she was not allowed by respondent
no.4 and 5 to meet her children. She ran
from pillar to post seeking police
intervention and protection but all in vain.
Contrary to it respondent no.4 threatened
2 All] Saroj Devi and Ors. Vs. State of U.P. and Ors.
821
her for dire consequence in case she
claims the children.

3. Respondent no.4 and 5 being
mother and son have filed no counter
affidavit rather in pursuance of the order
of this Court they produced both the
children in the court and on query by the
court they expressed no objection if the
children are given to their mother
petitioner no.1. It is known to all concern
that immediate welfare of the infants is of
prime consideration but being completely
innocent and of tender age there was no
point in putting any question to them.
Both of them had a completely innocent
look . None can deny the fact that it is
misfortune for the children who have been
deprived by the love, affection, care and
close contact of their mother, petitioner
no.1. Considering their age no one other
than the mother petitioner no.1 can
bestow extreme affection and warmth
love which spontaneously flow from the
mother who gave birth to the children.
The welfare of these two infants children
lies there being handed over to their
mother in preference to their father
respondent
no.4
or
grand
mother
respondent no.5 who cannot be expected
to bestow at present or in the years to
come that affection and care which the
two infant children are entitled to get
from their mother. In the facts and
circumstances of the case it is essential
and beneficial even for the health of the
mother to have her children of these age
and feed them her natural milk from her
breast which is beneficial to the health of
both the corpus as well.

4. It is also in the interest of two
infants corpus that their father Rajesh
Singh respondent no.4 and their grand
mother respondent no.5 Smt. Aruna Devi
may have access to see their infants to
bestow their love and affection and to
know their welfare at intervals.

5. Respondent nos. 4 and 5 are
directed to hand over Prithwi Singh
petitioner no.2 and Priya Singh petitioner
no.3 to the custody of their mother Smt.
Saroj Devi petitioner no.1 who is directed
to take full care and protection of the
children. She is at liberty to seek
maintenance for herself and for her
children
from
respondent
no.4
in
accordance with law. At this stage
respondent nos. 4 and 5 have handed over
the children ( both the corpus) to their
mother petitioner no.1 in the court itself.
Fact is observed accordingly.

6. Respondent nos. 4 and 5 are
restrained from making any kind of
interference in the peaceful custody of the
children with their mother Saroj Devi
petitioner no.1.

7. However, respondent nos. 4 and 5
are given liberty to approach the place
where petitioner no.1 presently resides
along with her children (corpus) on the
1st Sunday of each calendar month in
between 10.00 A.M. to 2.00 P.M.
Petitioner no.1 is directed to allow them
to see and meet with both the corpus and
to play with them if they so desire. In the
event of any problem or hurdle in this
regard aggrieved party may apply to this
court for a direction or clarification.

8. Writ of habeas corpus stands
allowed accordingly. Parties shall bear
their own costs.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 20.05.2013