SITA DEVI AND ANOTHER Vs. STATE OF U P AND 3 OTHERS
LAWS(ALL)-2018-2-198
HIGH COURT OF ALLAHABAD
Decided on February 02,2018

Sita Devi And Another Appellant
VERSUS
State Of U P And 3 Others Respondents

JUDGEMENT

- (1.) The present writ petition has been filed by the mother and daughter for a writ of mandamus commanding them to live together and to restrain respondent no.4 from interfering in their life. The respondent no.4 is apparently the grandmother of petitioner no.2 and mother-in-law of petitioner no.1. It transpires that at some point of time the petitioner no.2 started living with her grandmother- respondent no.4. The petitioner no.1 has filed a Habeas Corpus Writ Petition No. 31081 of 2017, which was dismissed by an order 31.7.2017 on the ground that the daughter-petitioner no.2 was not illegally detained by her grandmother and that even though she was a minor and she was living on her own free will with grandmother.
(2.) The petitioner no.2 now contends that she was not happy with her grandmother and there were lot of restrictions in her movement. Accordingly, she has escaped from her custody on 28.1.2018 and is now living with her mother. The petitioner states that she is being harassed by grandmother and by the police and accordingly, has filed a writ petition seeking protection for her life.
(3.) Considering the fact that the petitioner no.1 is the natural mother and guardian of petitioner no.2 and at the moment as per the Highschool certificate which was produced before us, she is a minor. We are of the opinion that the petitioner no.2 should be allowed to live with her mother and that they should not be restrained by any one in their peaceful living with their lives.;


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