Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 119899 (ALL)

SEEMA PANDEY @ SHWETA PANDEY THRU. HER FATHER GANESH SHANKAR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 5 OTHERS

HABC/26/2025 · 2025-01-29

Subhash Chandra Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:5856 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 26 of 2025 Petitioner :- Seema Pandey @ Shweta Pandey Thru. Her Father Ganesh Shankar Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 5 Others Counsel for Petitioner :- Ashok Narayan Tripathi,Abhishek Shukla,Durgesh Kumar Singh 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 petition has been filed for the following relief: (i) issue a writ, order or direction in the nature of Habeas Corpus directing the opposite parties particularly opposite party nos. 2 and 3 to produce detenue/petitioner before this Hon'ble Court and set her at liberty forthwith, in the interest of justice. It is submitted by learned counsel for the petitioner that in this case, his wife has married somewhere else leaving minor child aged about 14 years who is living in the custody of respondent no. 4 and 5 (nana and nani). Further submitted that from the year 2020 child is living with her nana-nani, therefore, request to handover the child to him from the custody of respondent no. 4 & 5,grandmother and grandfather. Learned A.G.A. opposed the aforesaid prayer and stated that child is living with her maternal grandfather and grandmother from the year 2020 and she cannot be said to be detained illegally. Further stated that petitioner have alternative remedy to file an application before the District Court for transfer of custody. On considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. and perusal of record, this petition is dismissed with liberty to the petitioner to avail alternative remedy before the appropriate court. Order Date :- 29.1.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench