Neutral Citation No. - 2025:AHC:52965 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 1000 of 2024 Petitioner :- Akshit Shakya Minor And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gaurav Singh,Hari Om Shukla,Kamlendra Tripathi Counsel for Respondent :- G.A.,Hridaya Lal Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners; learned AGA for the State; learned counsel for the respondent nos.4 to 6 and perused the record. 2. The instant writ petition has been filed by the husband seeking direction to produce the wife- Sudha Shakya (petitioner no.2) along with minor son, namely, Akshit Shakya (petitioner no.1) before this Hon'ble Court thereafter the legal custody of both be handed over to the petitioner no.3-Brajesh Kumar Maurya. 3. Learned counsel for the petitioners states that the petitioner no.3 is an Indian Army soldier and he is peaceful law abiding citizen. The corpus Sudha Shakay (petitioner no.2) is legally wedded wife of Brajesh Kumar Maurya (petitioner no.3) and petitioner no.1- Akshit Shakya minor son of Brajesh Kumar Maurya, both are presently residing with respondent nos.4, 5 and 6, who are father, mother and brother of Sudha Shakya (petitioner no.2) respectively, therefore, aggrieved by the same, he has preferred the instant writ petition. 4. Pursuant to the order dated 12.12.2024, the corpus, Sudha Shakya (petitioner no.2), has been produced before this Court by the police. 5. Upon examination by the Court, the corpus, Sudha Shakya (petitioner no.2), has stated that she is major. She further affirmed that she has neither been detained nor kept in illegal custody by respondent nos. 4 to 6, her father, mother and brother. She has also stated that the allegations made in the present petition are unfounded. 6. In light of her voluntary statement, Sub-Inspector Shri Rajendra Singh (P.N.O. No. 880930044), Police Station Kotwali, District Mainpuri, who escorted the corpus Sudha Shakya (petitioner no.2) to the Court, is directed to release her forthwith to go with respondent nos. 4, 5 and 6. 7. Insofar as the petitioner no.1-Akshit Shakya (minor) who is born from the wed-lock of corpus, Sudha Shakya (petitioner no.2) and petitioner no.3-Brajesh Kumar Maurya, matters pertaining to guardianship and custody are primarily governed by the Guardians and Wards Act, 1890, under which a person asserting custodial rights may seek appropriate relief through a duly instituted application. 8. Upon a careful consideration of the material on record, this Court finds no cogent evidence to establish that the custody of the minor child (petitioner no.1) with respondent nos.4 to 6 is illegal or improper so as to warrant interference under Article 226 of the Constitution by way of a writ of habeas corpus. 9. The issue of custody and guardianship of the minor remains within the purview of the competent civil forum, and the parties are at liberty to pursue appropriate legal remedies under the relevant statutory framework. 10. It is clarified that the observations made herein are purely prima facie and confined to the adjudication of the present writ petition. They shall not influence or prejudice the merits of any proceeding pending or to be instituted before the appropriate forum. 11. In view of the above, the habeas corpus writ petition is found to be devoid of merit and is, accordingly, dismissed. 12. Legal expenses of Rs.25,000/- shall be handed over to the petitioner no.2-corpus (wife) by the petitioner no.3 (husband) in compliance of order dated 12.12.2024 within six weeks from today. In case, the same is not paid within next six weeks, the copy of the order sent to the Unit for compliance where the petitioner no.3 is posted as on date. Order Date :- 10.4.2025 I.A.Siddiqui Justice Vinod Diwakar Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad