DEVANSH PANDEY @ DUGGU v. THE STATE OF U.P. AND 3 OTHERS
HABC/938/2025 · 2025-10-16
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190806 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190806 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 938 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and perused the material available on record.
2. The present writ petition has been filed by the petitioner–Master Devansh Pandey @ Duggu (a minor), through his natural guardian and father, seeking a direction to respondent nos. 2 and 3 for securing the production of the corpus (minor child) and ensuring his lawful custody with the petitioner.
3. Learned counsel for the petitioner submits that respondent no. 4 is the mother of the corpus. It is contended that due to certain matrimonial discord between the petitioner's father and respondent no. 4, she has taken the corpus with her and has been illegally detaining him.
4. Upon consideration of the submissions advanced and perusal of the record, it appears that the present dispute arises out of matrimonial discord between the parents and relates to the custody of the minor child. This Court is of the considered view that such issues are within the domain of the competent civil court under the provisions of the Guardians and Wards Act, 1890, where questions relating to custody are to be decided keeping in view the welfare of the child.
5. In view of the aforesaid, this Court does not find it appropriate to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India in the matter at this stage.
6. Accordingly, the writ petition, being devoid of merit, stands dismissed.
7. However, it is clarified that the petitioner shall be at liberty to avail appropriate remedies before the competent court, in accordance with law.
October 17, 2025 Shafique Versus Counsel for Petitioner(s) : Krishn Kumar, Nishant Rao, Sanjeev Kumar Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Devansh Pandey @ Duggu .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad