Elder Sister Has No Legal Right To Exercise Guardianship Over Younger Sister, Unless There's A Court Order : Supreme Court

Dismissing the petitioner's case, the Bench of Justices Aniruddha Bose and Sanjay Kumar said, “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 Court however gave the petitioner liberty to approach the appropriate Court seeking guardianship, “if the facts so warrant”.

"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", the Court stated.

To recapitulate facts of the case, the petitioner had initially approached the Himachal Pradesh High Court with a habeas corpus petition, seeking production of her sister (respondent No.9/). Her complaint was that respondent No.4 (who was also her sister) alongwith her husband, had illegally detained respondent no.9 and were going to take her to Canada.

The High Court issued notice in the same, although only to State authorities. When a Status Report was filed, it came forth that R9 had executed an affidavit, duly notarized by the Notary Public, to the effect that she was voluntarily residing with R4 and her husband.

In this view of the matter, the petitioner's plea before the High Court was disposed of, leaving it open for her to approach the competent Court/authority for redressal of other grievances.

Aggrieved by the High Court order, the petitioner approached the Supreme Court. The Supreme Court refused to entertain with the HC order and dismissed the petition.

Case Title: Rita Dwivedi v. The State of Himachal Pradesh & Ors., Special Leave to Appeal (Crl.) No. 14633/2023

Citation : 2024 LiveLaw (SC) 124

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