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Neutral Citation No. - 2025:AHC:66298 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 259 of 2025 Petitioner :- Jyoti Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amlendu Maya Shukla Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioner, learned AGA for the State, and perused the record. 2. The present habeas corpus petition has been filed seeking a direction to respondent no.4 to produce the detenue (minor child) before this Court and to release her to the custody of the petitioner, who claims to be her biological mother. 3. Learned counsel for the petitioner submits that the corpus, a minor girl, was born in the year 2015. Owing to professional obligations and an inability to care for the child at that time, the petitioner voluntarily entrusted the custody of the corpus to respondent no.4. The petitioner further states that due to the demands of her employment, she had to reside outside the District of Prayagraj, resulting in the continued custody of the child with respondent no.4. 4. Pursuant to the order dated 07.04.2025, a status report was filed, which reveals that the corpus is currently residing with the wife of respondent no.4 and has been in her care for the past eight years. During this period, the petitioner made no attempt to contact or engage with the corpus. 5. Upon a careful examination of the petition and the accompanying material, it is evident that the pleadings are silent on the specific circumstances surrounding the birth of the corpus. There is no allegation or indication that the custody of the minor was obtained forcibly or unlawfully by respondent no.4. The petition lacks any cogent incident or factual basis suggesting that the present custody is either illegal or coercive. The petitioner's assertions are unsubstantiated and unsupported by any credible evidence. 6. Prima facie, the petition appears to be an attempt to compel respondent no.4 to surrender custody of the minor without establishing any enforceable legal right. Moreover, no conclusive material has been placed on record to prove that the corpus is the biological child of the petitioner or that she was born out of wedlock with any individual, including respondent no.4. 7.
It is a settled principle of law that the scope of a writ of habeas corpus is confined to cases involving unlawful or illegal detention. Complex issues such as guardianship, custody disputes, or claims of biological parentage, which require detailed evidentiary scrutiny, are not amenable to adjudication in proceedings under Article 226 in the nature of habeas corpus. 8. In view of the foregoing, this Court finds no merit in the present petition. The writ petition is, accordingly, dismissed. Order Date :- 29.4.2025 Sanjeet Justice Vinod Diwakar Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad