HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 944 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 petitioner no.2 on behalf of petitioner no.1 – Master Ansh Chauhan, a minor – through his natural guardian and mother (petitioner no.2), seeking a direction to respondent no.4 for the immediate production of the corpus (minor child) and for ensuring his lawful custody with the petitioner. 3. Learned counsel for the petitioner no.2 submits that an application was also submitted before the Senior Superintendent of Police, Moradabad on 23.08.2025, alleging misconduct by respondent no.4 (husband of petitioner no.2), but no action has been taken by the police authorities. It is further contended that the minor son has been illegally detained by respondent no.4 and that such custody is not lawful. 4. Upon consideration of the submissions advanced and perusal of the record, it prima facie appears that the present dispute arises from matrimonial discord between the parties and concerns the custody of the minor child. Such issues squarely fall within the jurisdiction of the competent civil court under the provisions of the Guardians and Wards Act, 1890, wherein questions regarding custody are to be determined based on the welfare and best interest of the child. 5. In view of the above, this Court does not find it appropriate to exercise its extraordinary writ jurisdiction under Article 226 of the Constitution of India at this stage. Versus Counsel for Petitioner(s) : Sanskar Gaur, Satanand Mishra Counsel for Respondent(s) : G.A. Ansh Chauhan And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 6. Accordingly, the writ petition stands disposed of with liberty to petitioner no.2 to approach the competent court for appropriate relief, including custody and visitation rights. In the event such an application is filed, the competent court shall consider and decide the same expeditiously, in accordance with law, preferably within a period of two months from the date of filing of such application. The court may also consider granting interim visitation rights, subject to its satisfaction, in the best interest of the minor child. October 17, 2025 Anil K. Sharma HABC No. 944 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad