Neutral Citation No. - 2025:AHC-LKO:3247 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 304 of 2024 Petitioner :- Zainab Thru. Mother Tausiba Begam And 4 Others Respondent :- State Of U.P Thru. Prin. Secy. Home Lko. And 10 Others Counsel for Petitioner :- Mohammad Masood Raza,Jhanak Bhawnani Counsel for Respondent :- G.A.,Syed Mohd. Munis Jafari Hon'ble Rajeev Singh,J. 1. In pursuance of earlier order, petitioner nos.1,2,3,4 and 5 namely, Zainab aged about 17 years, Huda Khalid aged about 14 years, Habeeba Khalid, aged about 13 years, Ayesha Khalid aged about 10 years and Farha, aged about 7 years respectively, all daughters of late Khalid and Mrs. Tausiba Begam W/o Mohd. Jishan are present before this Court. 2. As the Court interacted with the petitioners individual and they categorically stated that after the demise of their father, they were residing at their grandfather's house along with their mother. But on 16.07.2023, their mother solemnized nikah with one Mohd. Jishan and she is presently residing at the house of Mohd. Jishan. They further stated that they are living with their grandfather and studying in school and they do not want to join the company of their mother. 3. Mr. Rakesh Kumar Singh, learned AGA placed written instructions dated 04.10.2024 duly signed by Sub-Inspector Arvind Singh Raghuvanshi, P.S.- Safipur, District- Unnao, which is taken on record. On the basis of aforesaid instruction, he has informed that the deponent- Tausiba Begam has entered into nikah with one Mohd. Jishan on 16.07.2024 (wrongly typed as 16.07.2023 in the instruction). It is also reported that the deponent is getting family pension after the death of her first husband. 4. In response to the above submissions, deponent informed that her pension has already been stopped and the same will be released in favour of petitioner no.1 after she becomes major. 5. Learned counsel for the respondents submitted that petitioners are living with their grandfather and carrying on their studies. As their mother has already entered into second marriage, therefore, the present petition is liable to be dismissed. 6. Considering the submissions of learned counsel for the parties, going through the contents of petition as well as written instruction placed before this Court, as it is undisputed fact that father of the petitioners died, thereafter, their mother (deponent) entered into nikah with Mohd. Jishan and she is now living with her second husband. In such circumstances, the custody of petitioners to their grandfather is not illegal. Therefore, the present petition is misconceived and liable to be dismissed. 7. Accordingly, the present petition is hereby dismissed. Order Date :- 20.1.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench