KM. NITYA AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
HABC/138/2025 · 2025-05-25
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19168 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19168 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 138 of 2025 Petitioner :- Km. Nitya And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vinay Kumar Tripathi Counsel for Respondent :- Anuj Bajpai,G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. Present writ petition has been preferred by petitioner no. 2, who is stated to be mother of petitioner no. 1, seeking custody of the minor female child, aged about three years.
3. Learned counsel for the petitioners submits that the custody of the child was earlier handed over to respondent no. 4 (maternal grand-mother), pursuant to the order passed by this Court.
4. On the last occasion, respondent no. 4 had given her willingness to hand over the custody of minor child to petitioner no. 2. Pursuant thereto, the minor corpus (Km. Nitya) alongwith respondent no. 4 have appeared before this Court. The respondent no. 4 has stated that she is ready and willing to handover the custody of minor corpus before the court below. Therefore, the same may be taken up before the court concerned.
5. Based on foregoing discussions, the respondent no. 4 is hereby
directed to appear before the Chief Judicial Magistrate concerned on 05.06.2025. And the custody of minor corpus be handed over before the Chief Judicial Magistrate.
6. With the aforesaid direction, the instant petition is disposed of.
Order Date :- 26.5.2025 Ruhi H. (Vinod Diwakar, J.) Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad