Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 114 of 2025 Petitioner :- Dhabi @ Kuhu Thru . Her Father Neelendra Patel Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Rohitash Kumar Singh Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard Shri Rohitash Kumar Singh, learned counsel for the petitioner and Shri S.P. Tiwari, learned A.G.A. Learned A.G.A. has raised a preliminary objection that this Habeas Corpus Petition under Article 226 of the Constitution of India is not maintainable as admittedly the detenue is residing with her mother i.e. respondent no. 4, therefore, any claim for custody can be filed and adjudicated under the Guardians and Wards Act by the competent court of law. He, on the basis of instructions, also submits that the detenue is residing with the mother at the address given in the petition. Learned counsel for the petitioner could not dispute that the detenue is with the mother. However he submits that he has no information as to where she is residing at the moment. He further submits that the application under Section 144 B.N.S.S. for maintenance has been filed, on which notice has been served on the petitioner. Thus, it cannot be said that the petitioner does not know the whereabouts of the detenue because the notice has come from Raebareli and the petitioner has also given the address of the respondent no. 4 of Raebareli. In view of above, since the detenue is admittedly residing with the mother, who is aged about 4 years and she is not in unlawful detention, therefore, this Habeas Corpus Petition is not maintainable. With the aforesaid, the petition is dismissed. Order Date :- 9.4.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench