Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 964 of 2024 Petitioner :- Km Sadhvi And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Kameshwar Singh,Ramesh Chandra Yadav Counsel for Respondent :- Diwanshu Tiwari,G.A. Hon'ble Saurabh Srivastava,J. 1. Being the maternal grand father of the corpus, the instant petitioner has been preferred for seeking custody by way of allegating the respondent no.4. for carrying illegal detention of petitioner no.1. 2. Learned counsel appearing on behalf of respondent no.4 vehemently opposed the prayer and refuted the stand taken up by learned counsel for the petitioner on the basis of the arguments that petitioner is not being natural guardian of the corpus and there is hardly any illegal detention carried out by respondent no.4, whereas the age of the corpus is merely four years whose mother has been expired and in pursuance to the FIR preferred at the behest of maternal grand father, father of the corpus is languishing in jail and as such being the guardian of the corpus, she is taken care of by other family members of her parental side. As such the matter relates to custody of the corpus concerned, the same cannot be adjudicated in the instant petition. 3. After having rival submission extended by learned counsel for the parties, the petitioner is hereby directed to approach before forum of law for seeking custody of the corpus but at the same time, considering their relationship between the petitioner and the corpus, the petitioner no.1 along with his daughter and wife are hereby extended visitation right to meet with the corpus once in a month on any Sunday between 10:00 am to 04:00 pm at some public place such as temple, children park, mall, restaurant etc. The place of visit has already informed by learned counsel for respondent no.4 that corpus is presently reside with respondent no.4 on the address- Rajeev Kumar C/o Mukesh Kumar, Sector 132, Rohillapur, Gautam Budh Nagar. It is made clear that at the time of exercising visitation rights only two persons from petitioner no.2 and only person from respondent no.4 will be permitted at the time of meeting. 4. Accordingly, the writ petition stands disposed of. Order Date :- 20.2.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad