[BREAKING] Uttarakhand High Court grants custody of child to maternal uncle on Habeas Corpus petition

The Uttarakhand High Court recently handed over the custody of a 17-year-old boy to his maternal uncle in a Habeas Corpus petition filed by the uncle against the boy's father ( Lt Col. S Bajaj v. State of Uttarakhand ).

. Single-judge, Justice RC Khulbe arrived at this decision after examining the statement of the boy, Master Arjun given before Family court at Dehradun, as per which he expressed his interest to reside with his maternal uncle, Lieutenant Colonel Shakti Bajaj.

"As per the statement, he is very much interested to reside with his maternal uncle Lt. Col. Shakti Bajaj. Since, the mother of Arjun has passed away on May 8, 2021 and the petitioner, being the maternal uncle, has sufficient means to look after Arjun, and accordingly, in the interest of Master Arjun, it would be appropriate to give the custody of Arjun to the petitioner till September 10, 2021 (till the date of attaining majority by him)," the Court ordered.

According to Bajaj, Arjun's father Jaipreet Singh shared estranged relations with Rashmi Bajaj, biological mother of Arjun. Bajaj alleged that Rashmi had been subject to extreme mental, physical and financial harassment by Singh ever since Arjun's birth.

The respondent also sent a notice for divorce by mutual consent on January 6, 2021 and detained Arjun from interacting with his maternal relatives, it was alleged.

Rashmi succumbed to COVID-19 on May 8, 2021.

. The petitioner then approached the High Court alleging that the father, who is in Indian Army and presently posted in Sikkim detained Arjun and was not allowing him to interact with the maternal relatives of the deceased.

When the matter was heard by the High Court on May 18, 2021, a direction was issued to the State to produce Arjun before the Family Court in Dehradun on May 21 to record his statement.

In the statement before the Principal Judge at the Dehradun Family Court, it was learnt that Arjun is only 3 months away from attaining the age of majority and is currently studying in 12th grade. He also mentioned his interest and willingness to live with his maternal uncle who has the wherewithal to maintain him.

Owing to the death of Arjun’s mother and keeping the best interest of Arjun in mind, the Court ordered the boy to be in the custody of the petitioner till he attains the age of majority.

During this period, the father will have visitation rights to meet his son on the first Monday of every calendar month between 10 am to 12 noon in the chamber of Principal Judge, Family Court of Dehradun. During this window of time, the boy will be provided free access to meet and converse with the father.

. Advocates Neela Gokhale and Abhijay Negi represented the petitioner

Deputy Advocate General Amit Bhat, along with advocate Pankaj Joshi represented the State.

Advocate Shubham Aggarwal appeared on behalf of Respondent father.

. [Read Order]

[BREAKING] Uttarakhand High Court grants custody of child to maternal uncle on Habeas Corpus petition

Jelsyna Chacko

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