Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 191087 (ALL)

MASTER ALI v. STATE OF UP AND 7 OTHERS

HABC/906/2025 · 2025-10-06

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 906 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 instituted by the petitioner–Master Ali (a minor), through his natural guardian and mother, seeking a direction from this Court to respondent nos. 6 to 8 for the immediate production of the corpus (minor child) and for ensuring his lawful custody with the petitioner. 3. It is contended by learned counsel for the petitioner that respondent nos. 6 to 8 are illegally detaining the minor and that such custody is not in accordance with law. 4. Upon consideration of the submissions advanced and upon perusal of the record, it appears that the dispute primarily arises out of a matrimonial conflict and pertains to the custody of the minor child. This Court is of the considered opinion that the issues raised fall within the domain of the competent civil court under the provisions of the Guardians and Wards Act, 1890, where the question of custody can be adjudicated based on the welfare of the child. 5. In view of the above, this Court does not deem 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 is found to be devoid of merit and is hereby dismissed. 7. However, it is made clear that the petitioner shall be at liberty to avail Versus Counsel for Petitioner(s) : Shams Uz Zaman Counsel for Respondent(s) : G.A. Master Ali .....Petitioner(s) State Of Up And 7 Others .....Respondent(s) appropriate remedies before the competent court, in accordance with law. October 7, 2025 Anil K. Sharma HABC No. 906 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad