INFANT LADO THRU. HER FATHER RAJKUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.AND 3 OTHERS
HABC/294/2025 · 2025-08-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157489 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157489 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48080 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 294 of 2025 Petitioner :- Infant Lado Thru. Her Father Rajkumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko.And 3 Others Counsel for Petitioner :- Roshan Kumar Khatri,Tripti Gupta Counsel for Respondent :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Case called out in the revised list. Nobody is present to press the petition and no request for adjournment of the case is made.
2. Therefore, the Court proceeds to decide the writ petition after perusing the records with the assistance of Shri Rajesh Kumar Singh, the learned AGA-I.
3. The instant petition under Article 226 of the Constitution of India has been filed by the alleged detenue through her father, alleging that the detenue, aged 3 years, is in illegal detention of her mother- the opposite party No.4. The father has sought permission to meet his daughter.
4. The father has given an application to the police stating that he has a statutory right to meet his daughter but the opposite party No.4 is not permitting him to meet her.
5. Learned AGA-I has opposed the writ petition on the basis of written instructions provided to him wherein it is recorded that a matrimonial dispute is going on between the petitioner and the opposite party No.4. The opposite party No.4 has given an application to the concerned Station House Officer stating that she has two daughters aged, aged 7 years and 3 years. Both the daughter are residing with her and a matrimonial dispute between herself and her husband is going on.
6. From the aforesaid facts, it appears that the daughters of the
petitioner and opposite party No.4 are not in illegal detention of their mother and the writ petition seeking issuance of a writ of habeas corpus would not lie in these circumstances.
7. Accordingly, the writ petition is hereby dismissed.
8. The petitioner will be at liberty to institute appropriate proceedings before the Family Court for custody of his daughter. . [Subhash Vidyarthi, J.] Order Date :- 18.8.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench