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2025 DAILYLAW 167453 (ALL)

MASTER SHIVA SINGH (DETENUE) THRU. FATHER RAVI SINGH v. POOJA SINGH AND ANOTHER

HABC/359/2025 · 2025-09-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 359 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. Heard Sri Rajesh Kumar Pandey, the learned counsel for the petitioner, Sri S.P. Singh, the learned State Counsel and perused the records. The instant petition has been filed for reclaiming the custody of a seven years old child who is said to be in illegal custody of his mother. The custody of the child with his mother cannot be said to be illegal custody. The question of custody is to be decided keeping in view the welfare of the child which can only be decided after giving the parties opportunity to present their case and lead evidence, which can be done in a suit filed for this purpose. Accordingly, the present petition is dismissed leaving it open for the parties to get the issues decided by filing a suit before the appropriate Court. September 26, 2025 Ram. Versus Counsel for Petitioner(s) : Rajesh Kumar Pandey Counsel for Respondent(s) : (Subhash Vidyarthi,J.) Master Shiva Singh (Detenue) Thru. Father Ravi Singh .....Petitioner(s) Pooja Singh And Another .....Respondent(s) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench