Neutral Citation No. - 2025:AHC-LKO:8616 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 4 of 2025 Petitioner :- Ashnoor Kaur Thru. Her Father Sarvajeet Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Girish Kumar Pande,Manoj Kumar Dwivedi,Prashant Pandey Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Vakalatnama filed by Sri Ajay Kumar Singh, Sri Shobit Singh, Sri Prabhat Rathore and Akhil Vikram Singh Yadav on behalf of the opposite party no.4- Navpreet Kaur today is taken on record. The present writ petition has been moved with prayer to issue writ, order or direction in the nature of HABEAS CORPUS directing the opposite parties to produce the petitioner before this Hon'ble Court and to provide custody of the petitioner to his next friend, declaring the detention of the petitioner is illegal. It is submitted by learned counsel for the petitioner that Ashnoor Kaur aged about 4 years is residing with her mother namely Navpreet Kaur. The mother of the child is not permitting the petitioner to meet her, therefore, request to direct the respondent no.4 to hand over the custody of the child to the petitioner. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer and contended that in this case the petitioner and respondent no.4 are husband and wife. There is dispute between the parties that is the reason the respondent no.4 is living separately with the child who is aged about 4 years and her custody will remain with the mother as she is natural guardian. Further contended that in case there is any grievance to the petitioner, he may avail remedy under The Guardians and Wards Act, 1980 before the appropriate forum. So far as the visiting rights of the petitioner is concerned, the respondent has no objection in this regard. Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned counsel for both the opposite parties and perusal of record, it appears that there exists matrimonial dispute between both the parties, a petition u/s 9 Hindu Marriage Act has already been filed and an application u/s 125 Cr.P.C. is also pending before the court concerned. The female child is said to be in custody of mother/respondent no.4. Since the female child is aged about 4 years, therefore, her natural guardian will be the mother as a result custody of the child cannot be transferred in favour of the petitioner but his visiting rights can also not be denied, therefore, it is expedient to direct the respondent no.4 to let the petitioner meet with the child whenever he makes approach once in a week at reasonable time. The amount of Rs.10,000/- as deposited in the registry in pursuance to the order of this Court dated 09.01.2025 shall be released in favour of the mother of the child i.e. respondent no.4- Navpreet Kaur. Accordingly, this writ petition is disposed of finally. Order Date :- 11.2.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench