Whether Elder Sister can Exercise right of Guardianship Over Younger Sister without Court's Order?

There is no legal right of an elder sister to

exercise guardianship over her sister except when

there is an order from a Court of competent

jurisdiction.

In such circumstances, we do not think the

writ petition seeking relief in the nature of Habeas

Corpus was a proper proceeding for the grievance of

the petitioner. The petitioner shall be at liberty to

apply before the appropriate Court seeking

Guardianship, if the facts so warrant.

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No. 14633/2023

RITA DWIVEDI Vs THE STATE OF HIMACHAL PRADESH

CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE

HON'BLE MR. JUSTICE SANJAY KUMAR

Date : 12-02-2024 This petition was called on for hearing today.

UPON hearing the counsel the Court made the following order: 

The controversy involved in this petition

involves three sisters. The petitioner brought the

Habeas Corpus petition before the High Court of

Punjab and Haryana at Chandigarh seeking production

of corpus of respondent No. 9, ‘Vibha Dwivedi’. The

complaint of the petitioner is that the fourth

respondent, ‘Smt. Archana Sharma’ along with her

husband, ‘Sh. Sachinder Sharma’(respondent No.5) had

illegally detained respondent No. 9 and taken her to

Canada. There is no legal right of an elder sister to

exercise guardianship over her sister except when

there is an order from a Court of competent

jurisdiction.

In such circumstances, we do not think the

writ petition seeking relief in the nature of Habeas

Corpus was a proper proceeding for the grievance of

the petitioner. The petitioner shall be at liberty to

apply before the appropriate Court seeking

Guardianship, if the facts so warrant.

We do not find any reason to interfere with

the judgment of the High Court impugned in this

petition.

The present petition is, accordingly,

dismissed.

Pending application(s), if any, shall stand

disposed of.

(SNEHA DAS) (VIDYA NEGI)

SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

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