MAHENDRA SINGH GURJAR Vs. STATE OF M.P

JUDGEMENT

(1.) BY filing this petition (Habeas Corpus) under Article 226 of the Constitution, the petitioner, father of Ku.Seema (hereinafter called as "corpus") preferred this petition for her protection from wrongful confinement of respondent No.4 and for getting her custody.

(2.) THE case of the petitioner is that the date of birth of corpus is 5.12.1995, which is clear from school leaving/transfer certificate issued by Government Primary School on 13.10.2011 (Annexure P -1). It is alleged that the corpus was in wrongful confinement of respondent No.4 and, therefore, she be released and handed over to the petitioner/father.

(3.) SHRI Balwant Singh, learned counsel for the petitioner, relied on the orders passed by this Court in various Writ Petitions including W.Ps. No. 6429/2012, 7711/2012 and 8140/2012. On the strength of these judgments, it is stated that the welfare of the corpus is to remain with the father and a minor, by no stretch of imagination, can be permitted to reside with respondent No.4.