Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 985 of 2024 Petitioner :- Awantika (Minor) (Corpus) And 2 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Vipin Chandra Pal Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The present Habeas Corpus Writ Petition has been filed to issue a direction in the nature of Habeas Corpus thereby to direct the respondent nos. 2 to 5 to produce the corpuses petitioner nos. 1 and 2 before this Hon'ble Court from illegal custody of respondent nos. 6 to 9. 3. In compliance of order dated 10.12.2024, the Corpuses in shape of two children namely, Awantika and Master Kanha Yadav brought before this Court by S.I. Sri Daya Shankar Singh from Ghazipur. 4. Learned counsel for the petitioners submitted that vide order dated 29.08.2024 passed in Civil Misc. Case No. 41 of 2024 (Sarita Yadav and others vs. Satiya Devi and another) pending before learned Court of Principal Judge, Family Court, Ghazipur, the court is of the view that both the corpuses may be handed over in the custody of petitioner no. 3 but thereafter the Civil Misc. Case No. 41 of 2024 has been taken up but no specific orders have been passed by learned Court of Principal Judge, Family Court, Ghazipur. 5. The instant petition has been preferred under the capacity of natural guardian to receive the custody of her children namely, Awantika and Master Kanha Yadav from the custody of their grand-parents. 6. It is the settled proposition of law that in presence of natural guardian, the custody of minor children cannot be extended to any other person, especially in case where the husband of petitioner no. 3 is already been expired and there is no such allegation put- forward against the petitioner no. 3 for involving in natural death of her husband. 7. In view of the above, S.I. Sri Daya Shankar Singh is hereby directed to handover the custody of the corpuses namely, Awantika and Master Kanha Yadav to petitioner no. 3 forthwith after verifying their identity through her counsel. S.I. Sri Daya Shankar Singh is also hereby directed to ensure security to the petitioner no. 3 along with the corpuses from Prayagraj to her native place situated at Ghazipur. 8. Once the custody of the corpuses has been handed in favour of petitioner no. 3, the other related criminal proceedings arising out of custody of the corpuses be decided in light of the order as made above and the allegations arising thereof shall be deemed to be non-existing. 9. Accordingly, the writ petition stands disposed of. 10. However, it is also made clear that the above mentioned direction shall not preclude the final adjudication which is pending to be adjudicated in Case No. 41 of 2024 pending before the learned Court of Principal Judge, Family Court, Ghazipur Order Date :- 24.1.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad