In a recent ruling by the honorable court through bench comprising of Justice Aniruddha Bose and Justice Sanjay Kumar, clarified that an elder sister does not inherently have the legal right to act as guardian for her younger sibling unless there exists a specific court order permitting it.
The case originated when the petitioner initially filed a habeas corpus petition with the Himachal Pradesh High Court seeking production of her sister (respondent no.9) , whom she claimed was illegally detained by another sister (respondent No.4) and her husband(respondent no.5), and had taken her to Canada.
After reviewing a Status Report and an affidavit from the younger sister affirming her voluntary stay with respondent No.4 and her husband, the High Court dismissed the petitioner’s plea. However, it allowed the petitioner the opportunity to seek further relief by approaching the relevant court or authority.
Displeased with the ruling of the High Court, the petitioner elevated the case to the Supreme Court. Nonetheless, the Supreme Court affirmed the decision of the High Court, dismissing the petition but allowing the petitioner the freedom to address her concerns through the suitable legal avenues.
The honorable court dismissed the petition by stating that an elder sister does not have the legal authority to act as a guardian for her sister unless there is a court order. Therefore, the petition filed for relief via a Habeas Corpus writ was deemed inappropriate for the petitioner’s concerns. And that the petitioner is free to approach the appropriate court to seek guardianship if the circumstances require it.
The honorable court affirmed the decision of the High Court and pending application(s) if any , were bound to stand disposed of.
CASE NAME: Rita Dwivedi Vs The State of Himachal Pradesh & Ors.
Name: Riddhi Gupta, Course: BALLB, College: Vivekananda Institute Of Professional Studies, Intern Under Legal Vidhiya.
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