RAJ VARDHAN (MINOR) AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/911/2025 · 2025-10-06
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103429 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103429 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 911 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 father of corpus- petitioner nos.1&2 (minor) seeking a direction from this Court to respondent no.4- mother of the corpus- for the immediate production of the corpus (minor) and for ensuring their lawful custody with the father.
3. It is contended by learned counsel for the petitioner- father that the respondent no.4 is illegally detaining the minor children 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 present petition is devoid of merit and is hereby dismissed. Versus Counsel for Petitioner(s) : Chandra Prakash Misra, Sushil Kumar Mishra Counsel for Respondent(s) : G.A. Raj Vardhan (Minor) And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
7. However, it is made clear that the petitioner- father shall be at liberty to avail appropriate remedies before the competent court, in accordance with law. October 7, 2025 Anil K. Sharma HABC No. 911 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad