HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 888 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners and perused the material available on record. 2. The present writ petition has been preferred by the petitioner no.1 (father of the corpus) seeking a direction from this Court to respondent no.4 for the immediate production of the corpus- petitioner nos.2 & 3 (minor children) and for ensuring their lawful custody with the father. 3. The mother of the corpus, due to certain matrimonial differences and alleged negligence on the part of her husband- particularly his failure to provide proper care and attention to her medical condition- left her matrimonial home in January 2025, taking the children (including the corpus) along with her. Subsequently, she lodged an FIR against her husband and other family members under Section 3/4 of the Dowry Prohibition Act, read with Sections 351(2), 115(2), and 85 of the Bharatiya Nyaya Sanhita (BNS). During the pendency of these proceedings, the mother of the corpus passed away, and the custody of the corpus has since remained with her maternal grandfather (Nana). 4. It is contended by learned counsel for the petitioner that respondent no.4 has illegally detained the minor corpus and that such custody is not in accordance with law. 5. Upon consideration of the submissions advanced and upon perusal of the record, it appears that the dispute primarily arises out of a matrimonial conflict and pertains to the custody of the minor children. This Court is of the considered opinion that the issues raised fall within the domain of the Versus Counsel for Petitioner(s) : Manish Kumar Mishra, Utsav Singh Counsel for Respondent(s) : G.A. Rahul Bajpai And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) competent civil court under the provisions of the Guardians and Wards Act, 1890, where the question of custody can be adjudicated based on the welfare of the child. 6. In view of the above, this Court does not deem it appropriate to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India in the matter at this stage. 7. Accordingly, the writ petition is found to be devoid of merit and is hereby dismissed. 8. However, it is made clear that the petitioner shall be at liberty to avail appropriate remedies before the competent court, in accordance with law. October 9, 2025 Anil K. Sharma HABC No. 888 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad