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2025 DAILYLAW 187057 (ALL)

KANAK THRU. NATURAL GUARDIAN SURAJ v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME, LUCKNOW AND 6 OTHERS

/38/2024 · 2025-12-09

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 38 of 2024 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the petitioners, learned AGA for the State of U.P. and perused the record. 2. The present petition has been filed for the following main reliefs:- "i. issue a writ, order or direction in the nature of Habeas Corpus thereby directing the opposite party No.4 to 7 to appear in this Hon'ble Court and also entrust to the detenue in the custody of the deponent being natural guardian in the interest of justice." 3. In compliance of this Court's order dated 05.12.2025, the minor, namely Kanak/detenue (hereinafter referred as 'minor') aged about three and a half years old seeking custody of whom the present petition has been filed by Suraj/father of the minor, has been brought by this Court by Sub Inspector Sri Vinod Kumar Sharma and Lady Constable Jyotsana, Police Station-Kotwali Nagar, District-Sultanpur, alongwith opposite party nos. 4 to 7 namely Ayodhya Prasad Verma ('Nana'), Brijesh Verma alias Guddu ('Mama'), Mahesh Verma ('Mama') and Dinesh Verma ('Mama') of the minor. 4. The persons named above are present before the court have also been identified by Sri Prithvish Mishra, learned Counsel for the private opposite parties. 5. The side opposite is ready to give custody of minor to her father namely Suraj. The custody of minor has been given to the Suraj before this Court, which he has taken. 6. Accordingly, nothing remains to be adjudicated in the present case. 7. Accordingly, the present petition is disposed of, giving visitation right to the opposite party nos.4 to 7 namely Ayodhya Prasad Verma ('Nana'), Brijesh Verma alias Guddu ('Mama'), Mahesh Verma ('Mama'), Dinesh Verma ('Mama') and Mrs. Neha Verma ('Mami') of the minor, who can meet the minor as per mutual agreement with regard to date,time and place. December 9, 2025 Jyoti/- Versus Counsel for Petitioner(s) : Satyendra Nath Mishra Counsel for Respondent(s) : G.A., Pradeep Kumar Shukla, Prithvish Mishra, Rohit Kumar Tripathi (Saurabh Lavania,J.) Kanak Thru. Natural Guardian Suraj .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Home, Lucknow And 6 Others .....Respondent(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench