SHIGORIKA SINGH Vs. DR. ABHINANDAN SINGH

JUDGEMENT

(1.) The flames emanating from bitter marital discord have reached this Court by means of instant writ petition filed by the mother for seeking custody of a minor daughter, from her husband.

(2.) It has been submitted by Sri Chandra Shekhar Sinha learned counsel for petitioner that Dr Ayushi Singh, petitioner no.2 (hereinafter referred to as 'M') was married to opposite party no.1 Dr. Abhinandan Singh, (hereinafter referred to as 'F') on 14/02/2014 according to Hindu rites and rituals at Lucknow. A daughter, petitioner no.1 (hereinafter referred to as 'D') was born out of the wedlock, who's date of birth is disputed as according to 'M', it is 08/08/2016 while according to 'F', it is 08/08/2015. 'M' has stated that serious differences between them commenced soon after the marriage including harassment and physical torture by 'F' and his family members on her as well as her parents and brother. She was dropped by 'F' to her maternal home on 25/12/2018 along with her minor daughter, and since then they are living together with the parents of 'M'. 'F' thereafter used to visit the maternal house of 'M' to meet 'D', and such visits were never objected by 'M' or her parents. On 10/01/2020 'F' visited the maternal home of 'M' between 7- 8 PM and told 'M' that his father wants to meet 'D' and that he is sitting in the car. 'F' took 'D' from the custody of 'M' and went to the car where his father was sitting and drove away with 'D'. 'M' who was following 'F', on seeing him drive away with her daughter raised an alarm but by that time 'F' had left with 'D'. Subsequently, on several occasions, 'M' requested 'F' to return 'D', but it was of no avail, and in the aforesaid circumstances she has preferred the present writ petition seeking a direction in nature of habeas corpus to 'F' to give custody of 'D' to 'M'.

(3.) 'D' has been admitted by the efforts of both the parents to a prestigious girl's school in Lucknow, La Martinere College, where she is presently studying.