Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 130 of 2025 Petitioner :- Baby Maymunah Maryam Ali (Minor) Thru. Legal Guardian/Father Ali Imran And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 8 Others Counsel for Petitioner :- Mohd. Suhail,Ali Hasan Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard, Mohd. Suhail, learned counsel for the petitioner and Shri S.P. Tiwari, learned A.G.A. This Habeas Corpus writ petition has been filed alleging that the alleged denetues i.e. the minor girls aged about six years and three years, are with their mother i.e. the respondent no.3 and she is not allowing to meet them to their father i.e. the deponent. On an objection raised by learned A.G.A. that some family dispute is already going on and the petitioner had already approached the family court by moving an application for restitution of conjugal rights and an FIR has already been lodged by the respondent no.3, therefore, this habeas corpus petition is not maintainable. Even otherwise, the custody of the minor girls, aged about six and three years with their mother can not be said to be unlawful custody. Learned counsel for the petitioner could not dispute the same. In view of above, the habeas corpus petition is not maintainable as it can not be said that the alleged detenues are in unlawful detention since they are admittedly with their mother and a family dispute is going on between the parties. Even otherwise the petitioner has a remedy under the Guardian and Wards Act, which may be availed, if so advised. With the aforesaid the petition is dismissed. ...................................................................(Rajnish Kumar, J.) Order Date :- 22.4.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench