HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 237 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Case called out. Learned counsel for the petitioners Shri Prince Singh and learned A.G.A. Shri Badrul Hasan are present. No one appeared on behalf of the opposite party Nos. 3 and 4 namely Jawad Ahmad, S/o late Mohd. Umar and Shehjahan, W/o Jawad Ahmad. In these circumstances, this court proceeded to decide the petition finally. 2. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 3. Present habeas corpus petition has been filed by Jalal Ahmad seeking custody of Smt. Yasmin Bano, W/o Jalal Ahmad and Mohd. Faiz, S/o Jalal Ahmad, residents of Kadirpur, Kadirpur, Faizabad (now Ayodhya). 4. The main relief sought is extracted herein under :- "(i) Issue a writ, order or direction in the nature of HABEAS CORPUS the opposite parties to produce the corpus of detenue before this Hon'ble court and set them free. Since the life and liberty of the detenue is under serious jeopardy and now they are in forceful custody of opposite party no. 3 and 4 namely Jawad Ahmad and Shehjahan who are father and mother of the detenue who have abduct the detenue no. 1 and 2 forcibly when the petitioner were not present in house. ii. Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party No. 3 and 4 not to interfere in the peaceful living of the detenue and her husband Jalal Ahmad." 5. The petitioner for the relief(s) quoted above impleaded Jawad Ahmad son of late Mohd. Umar and Shehjahan wife of Jawad Ahmad (who are in-laws of Jalal Ahmad) as opposite party No(s). 3 and 4. Versus Counsel for Petitioner(s) : Prince Singh, Prabhat Kumar Counsel for Respondent(s) : G.A., Anil Kumar Tiwari, Prabhakar Tiwari Smt. Yasmin Bano (Detenue) Thru Her Husband Jalal Ahmad And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Respondent(s) 6. Learned A.G.A. Shri Badrul Hasan, based upon the instructions received from the Police Station-Rudauli, District - Ayodhya, copy of which is taken on record, says that Jalal Ahmad who has filed the present habeas corpus petition seeking custody of petitioners/detenue namely Smt. Yasmin Bano and Mohd. Faiz has solemnized second marriage on 15.06.2025. It has also been stated by Shri Badrul Hasan that the first wife of Jalal Ahmad, i.e. petitioner No.1-Smt. Yasmin Bano along with her minor son Mohd. Faiz (petitioner No.2) born out of the wedlock of the petitioner No.1 Smt. Yasmin Bano and Jalal Ahmad is living with her parents on her own volition/sweet will as such the present petition is liable to be dismissed. 7. On being confronted, learned counsel for the petitioners says that he may be permitted to withdraw the present habeas corpus petition with liberty to avail the remedy as available under the Guardians and Wards Act, 1890. 8. Accordingly, the habeas corpus petition is dismissed as withdrawn with the liberty as prayed for. November 13, 2025 ML/- HABC No. 237 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench