Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36019 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 105 of 2025 Petitioner :- Ansh (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Fakhruzzaman Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for parties.
2. By means of present petition, petitioner is seeking custody of his minor son who has been illegally detained by respondent no.4.
3. By bare perusal of the records, it appears that for seeking custody of the corpus, one case under the Guardians and Wards Act, 1890 bearing Misc. Case No.08 of 2018 has already been preferred at the behest of petitioner but the same has been dismissed due to want of prosecution vide order dated 01.07.2022 passed by learned Principal Judge, Family Court, Jhansi and as such, remedy is available before the petitioner to seek recall of the said order and pursue the matter for deciding the same on merit.
4. In view thereof, the instant petition is hereby dismissed with liberty to the petitioner to seek recall of the order dated 01.07.2022 passed by learned Principal Judge, Family Court, Jhansi in Misc. Case No.08 of 2018 under the Guardians and Wards Act, 1890. Order Date :- 11.3.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad