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2025 DAILYLAW 191808 (ALL)

GUPTA VANSHIKA ANKIT AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

HABC/640/2025 · 2025-10-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 640 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 seeking a direction to respondent Nos. 6, 7, and 8 to produce the corpus—petitioner Nos. 1 and 2 (minor children)—before this Court and to hand over their custody to the grandfather, petitioner. 3. Learned counsel for the petitioner contends that respondent Nos. 6 to 8 have illegally detained the minors and that such custody is not in accordance with law. 4. After interaction with the corpus, who appeared before this Court today, it is noted that they have expressed their refusal to reside with their grandmother, who is also present in Court. 5. Upon consideration of the submissions and perusal of the record, it appears that the dispute essentially arises from matrimonial discord and concerns the custody of the minor children. This Court is of the considered view that the issues raised fall within the jurisdiction of the competent civil court under the Guardians and Wards Act, 1890, where custody matters are adjudicated primarily based on the welfare of the child. 6. In view of the above, this Court does not find it appropriate to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India at this stage. 7. Accordingly, the writ petition is dismissed as devoid of merit. Versus Counsel for Petitioner(s) : Vindeshwari Prasad Counsel for Respondent(s) : Abhishek Kumar Srivastava, G.A. Gupta Vanshika Ankit And Another .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 8. However, it is clarified that the petitioner remains at liberty to pursue appropriate remedies before the competent court in accordance with law. October 16, 2025 Anil K. Sharma HABC No. 640 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad