ARYAN (DETENUE) AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS
HABC/1008/2024 · 2025-04-28
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111722 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111722 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:67602 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 1008 of 2024 Petitioner :- Aryan (Detenue) And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Umesh Kumar Vishwakarma Counsel for Respondent :- Suneel,G.A. Hon'ble Vinod Diwakar,J.
1. Learned counsel for the petitioners submits that petitioner no. 3, Smt. Vandana Gautam, is the legally wedded wife of petitioner no.
4. It is further submitted that out of the said wedlock, two children were born. Thereafter, it is alleged that petitioner no.3 deserted petitioner no. 4 and has since been residing with one Aditya @ Genda, son of Rajendra Prasad, resident of Village Sakrapar, Police Station Kotwali Deoria, District Deoria.
2. Upon hearing learned counsel for the petitioners and perusing the record, it appears that the primary grievance raised pertains to the custody of the minor children. Such a matter, being essentially of a civil nature concerning guardianship and custody, is governed by appropriate personal laws and statutory provisions such as the Guardians and Wards Act, 1890.
3. This Court, in exercise of its writ jurisdiction under Article 226 of the Constitution of India, does not find it appropriate to entertain the present petition, as the petitioners have an efficacious alternative remedy available under the applicable law.
4. Accordingly, the writ petition stands dismissed with liberty to the petitioner to approach the competent court for redressal of his grievance in accordance with law. Order Date :- 29.4.2025 Anil K. Sharma Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad