Neutral Citation No. - 2025:AHC:67857 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 108 of 2025 Petitioner :- Akarsh Kumar (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Singh Yadav,Sanjay Yadav Counsel for Respondent :- G.A.,Mukesh Joshi Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents, and perused the record. 2. The present writ petition has been filed seeking a direction from this Court for the production of the corpus, Master Akarsh Kumar, aged about 8 years, who is stated to be in the alleged illegal custody of respondent no.4, the father of the child. 3. On the previous date of hearing, this Court directed respondent no.4 to file an affidavit regarding his financial status. After hearing the parties in person, interim custody of the minor was handed over to the petitioner (mother) until further orders, with a direction to produce the corpus before this Court on 30.04.2025. 4. In compliance with the order dated 21.04.2025, respondent no.4 has filed an affidavit disclosing his sources of income, details of income tax returns filed periodically, and his educational qualifications. 5. The affidavit reveals that respondent no.4 is professionally qualified, having completed an M.Tech. in Digital Communication Systems from Uttar Pradesh Technical University. He has also enclosed documents reflecting his professional engagement, source of income, and a life insurance policy taken in the name of the corpus. Furthermore, a fee receipt has been annexed showing that the corpus is currently enrolled in Class-II at Aryabhatta International School, Rampur Road, Near Zero Point, Moradabad, Uttar Pradesh. The examination schedule of Class-II for the academic year 2025–26 is also appended with the affidavit at page 50. 6. The affidavit also discloses that prior to filing this writ petition, the petitioner (mother) had instituted proceedings under Section 25 of the Guardians and Wards Act, 1890, which are presently pending before the competent court. 7. The Court interacted with the corpus, the petitioner (mother), and respondent no. 4 (father). During the interaction, the corpus stated that he had been residing with his paternal aunt (Bua) but now wishes to live with his mother. 8. Respondent no.4 has submitted that he has a stable source of income and is in a position to provide a better education and secure future for the corpus. He has relied upon the date sheet issued by Aryabhatta International School and argued that transferring the custody to the mother may adversely affect the child's ability to appear in the scheduled examinations. 9. Learned counsel for the petitioner has submitted that the child was in the custody of his mother and was forcefully taken away by respondent no.4 on 14.06.2024. Prior to this, the child was studying at Blue Birds International School, Mandi Dhanaura, District Amroha, Uttar Pradesh, where his elder sister is also presently studying. 10. Upon consideration of the submissions made by both parties and the welfare of the minor being of paramount importance, this Court is of the considered view that, until the petition filed under Section 25 of the Guardians and Wards Act, 1890 is finally decided by the competent family court, the interim custody of the corpus shall remain with the mother (petitioner). 11. The petitioner (mother) is directed to make all necessary arrangements to ensure that the corpus is able to appear in the upcoming examinations as per the schedule annexed at page 50 of the counter affidavit filed by respondent no.4. 12. With the aforesaid directions and observations, the present writ petition stands disposed of. Both parties are at liberty to pursue and assert their respective claims regarding custody before the concerned family court in the pending proceedings under Section 25 of the Guardians and Wards Act, 1890. 13. It is clarified that any observations made in this order are purely for the purpose of deciding the interim custody and shall not prejudice or influence the outcome of the proceedings pending before the family court. Order Date :- 30.4.2025 R.S. Tiwari Justice Vinod Diwakar Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad