Neutral Citation No. - 2025:AHC-LKO:6336 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 25 of 2025 Petitioner :- Arv (Minor) Thru. His Father Himanshu Bharti Nishad Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 7 Others Counsel for Petitioner :- Roshan Lal Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record. The present writ petition has been moved with prayer to issue a writ, order or direction in the nature of Habeas Corpus commanding and directing to the opposite parties to produce the petitioner (detenue) before this Hon'ble Court and he may be set at liberty under the care and custody of his father. It is submitted by learned counsel for the petitioner that in this case respondent no.4 Sindhu Bind and Arv aged about 6 years are wife and son of the petitioner. Further submitted that previously a Habeas Corpus Writ Petition No.106/2024 was filed before this Court by the wife for transferring the custody of child which was decided on 24.09.2024 and child was handed over in the custody of mother Sindhu Bind with consent of petitioner but now the child is not living with her but with his maternal grand-parents (nana and nani). Further submitted that the custody of child was given to the mother but she is keeping him with grand-parents which cannot be said to be lawful, therefore, requested to transfer the custody in his favour from the mother of the son. Learned A.G.A. opposed the prayer and contended that as per the instructions from the concerned police station since the husband and wife both are constable in Police Department and now the wife Sindhu Bind is performing her duties in Kumbh Mela as Head Constable and child is living with his maternal grand parents (nana and nani), therefore, it cannot be said to be illegal custody. Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A., the order passed by this Court dated 24.09.2024, the instructions as received by the learned A.G.A., it transpires that child was handed over to the respondent no.4 Sindhu Bind by the petitioner himself without any objection and the aforesaid order was passed by this Court. Now she is discharing her duties in Kumbh Mela, therefore, the living of the child with his nana and nani cannot be said to be illegal custody at all. No other person can look after the welfare of the child than his nana and nani where the petitioner (the father) refuses to bring him up and handed over the custody of the child to the mother. Hence, this writ petition being devoid of merit is liable to be dismissed. Accordingly, the present writ petition is dismissed. Order Date :- 30.1.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench