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2025 DAILYLAW 101765 (ALL)

SMT. SEEMA DEVI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

HABC/889/2025 · 2025-10-08

Vinod Diwakar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 889 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner and perused the material available on record. 2. The present writ petition has been preferred by the petitioner no.1 (mother 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 mother. 3. 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. 4. 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 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. 5. 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. 6. Accordingly, the writ petition is found to be devoid of merit and is hereby dismissed. Versus Counsel for Petitioner(s) : Alind Kumar, Jai Singh, Kiran Rani, Laloo Yadav Counsel for Respondent(s) : G.A. Smt. Seema Devi And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 7. 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. 889 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad