HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 362 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Narayan Dutt Tiwari, learned counsel for the petitioners, and Shri Avishesh Kumar Singh, learned Additional Government Advocate, and perused the material available on record. 2. The instant writ petition, seeking issuance of a writ in the nature of habeas corpus, has been filed on behalf of a 7-year-old girl and a 29-year- old woman, who is the mother of the girl, through Shri Naman Kumar Tiwari, father of the child and husband of the lady, stating that the child and her mother are being illegally detained by the opposite party number 3. It has been pleaded in the writ petition that in the month of May 2025, the alleged detenue No. 2 had left her matrimonial home along with the detenue No. 1 and had gone to her parental home. Thereafter, the petitioner received information that both of them are being forcibly confined by the opposite party No. 3. 3. On the basis of written instructions, the learned Additional Government Advocate has stated that the alleged detenue, Kavita Tiwari, has given in writing to the Station House Officer that she had married Naman Kumar Tiwari on July 20, 2017. Her husband used to start quarrels off and on, beat her, and turned her out of her matrimonial home; he used to harass her, due to which she has gone away with the opposite party No. 3. She has clearly given in writing that she and her daughter have not been Versus Counsel for Petitioner(s) : Narayan Datt Tiwari, Atul Bhushan Pandey Counsel for Respondent(s) : G.A. Kumari Nitya Naman Tiwari Thru. Father Shri Naman Kumar Tiwari And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Respondent(s) illegally detained by any person. 4. In the above circumstances, the allegation of illegal detention of the wife and daughter of the petitioner is not established. The writ petition is without force and it is accordingly dismissed. 5. The petitioner shall be free to pursue the remedy regarding custody of his child before the appropriate court, which shall be decided only after taking evidence of the parties so as to ascertain the welfare of the child. September 26, 2025 A.Nigam HABC No. 362 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench