ARIN SAIYYDA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/53/2025 · 2025-03-18
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10176 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10176 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39912 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 53 of 2025 Petitioner :- Arin Saiyyda And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- G.A.,Subedar Shukla Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned counsel for the respondent no. 4, learned A.G.A. for the State and perused the record. The present Habeas Corpus Writ Petition has been filed with a prayer to issue a writ order or direction in the nature of Habeas Corpus commanding the respondents to produce the corpus petitioner no. 1 before this Court and give the custody of petitioner no. 1 to the petitioner no.2 as she is the natural guardian and mother of petitioner no.1 who is in illegal custody of respondent no. 4, otherwise petitioner shall suffer irreparable loss and injury. Pursuant to the order dated 22.01.2025, the petitioner no.1 Arin Saiyyada (corpus) has been produced before this Court by her father/respondent no. 4 Saiyyad Raja Haidar. After interacting with the corpus (aged about 6 years),she could not express her inclination to go along with her mother. Looking to the paramount welfare of the child, the petitioner no.2 Subi Begam, who is the mother of the corpus is granted the visitation rights to meet her minor daughter, i.e. petitioner no. 1/corpus Arin Saiyyada on every Saturday and Sunday of every month from 12:00 PM to 05:00 PM at the venue fixed by the S.H.O. Baresar, District Ghazipur. S.H.O. concerned shall fix the venue for visitation rights and make necessary efforts for compliance of the aforesaid order maintaining safety and security. It is made clear that at the time of visitation, only parents of the corpus shall remain present alongwith the corpus.
With the aforesaid directions, the present Habeas Corpus Writ Petition is disposed of. Order Date :- 19.3.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad