Neutral Citation No. - 2025:AHC:30749 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 1028 of 2024 Petitioner :- Dhairya And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prem Narayan Tiwari,Sanjiv Kumar Dwivedi Counsel for Respondent :- Anand Prakash Dubey,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for parties. 2. It has been submitted by learned counsel for petitioners that petitioner no.1, namely, Dhairya (corpus) who is minor son of petitioner no.2, has been illegally detained by respondent no.5/father of corpus. 3. In pursuance of order dated 17.01.2025, corpus who is aged about 7 years and respondent no.5 who is father of corpus, are present in person before this Court. Mother of corpus/petitioner no.2 is also present before this Court. 4. Learned counsel for petitioners submitted that petitioner no.2/mother of corpus is well qualified having degree of B.Com and also she is working in health sector from where she is receiving salary to the tune of Rs.21,000/- per month and as such, she is able to take care of his child/corpus, therefore, custody of corpus may be given to her being the natural guardian. 5. On precise query made before mother of corpus that whether she is ready to lead her life peacefully with her husband alongwith corpus or not, in a very fair manner, she denied the same. 6. After thorough conversation with the corpus who is presently living with his father/respondent no.5, it appears that no illegal custody of corpus has been carried out by respondent no.5 and corpus is living with him with his own free will. 7. The instant petition has been preferred for seeking custody of corpus under the writ of habeas corpus wherein limited scope is available to find out and ascertain whether any illegal custody has been carried out by the person who has been arrayed as one of the respondents and after thorough conversation with the corpus, it is apparent that he has not been illegally detailed by his father/respondent no.5 and as such, the present petition stands dismissed. 8. However, it is made clear that all the arguments which have been raised by learned counsel for petitioners before this Court, are amenable before appropriate forum of law for seeking custody of child under the Guardians and Wards Act, 1890. Order Date :- 4.3.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad