HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 357 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Jayant Pratap Singh, the learned counsel for the petitioner, Sri S.P. Singh, the learned State Counsel and perused the records. 2. The instant writ petition has been filed as a writ of habeas corpus on behalf of an eleven months old child through her mother stating that the opposite parties no.4 to 7 have illegally detained the child for entire duration of eleven months. 3. The learned counsel for the State on the basis of written instructions provided to him has stated that the mother of the child Ms. Shreshtha Trivedi and the child's father Sri Anshuman Singh have executed a deed of adoption dated 26.09.2024 under which she has handed over the custody of child in favour of Neelam and Rahul (opposite parties no.6 and 7). 4. In these circumstances, it appears that the child is not under illegal detention of the private opposite parties. In case the petitioner wants to challenge the validity of the adoption deed the proper course open for her is to file a suit as the disputed questions cannot be decided in this writ petition. 5. The question of custody is to be decided keeping in view the Versus Counsel for Petitioner(s) : Jayant Pratap Singh Counsel for Respondent(s) : G.A. Master Laddu (Detenue) Thru. His Mother Smt. Shreshtha Trivedi And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 6 Others .....Respondent(s) 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. 6. 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. HABC No. 357 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench