Neutral Citation No. - 2025:AHC:51924 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 225 of 2025 Petitioner :- Yasmeen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- G.A.,Mithilesh Tiwari,Mrityunjay Datta Tiwari Hon'ble Vinod Diwakar,J. 1. Heard Sri Ashok Kumar Yadav, learned counsel for the petitioners, learned counsel for respondent no. 4, and learned A.G.A. for the State-respondents. 2. The petitioner no. 1, claiming to be the mother of petitioner no. 2 (the corpus), a minor girl of approximately three years of age, has filed the present petition seeking a writ of habeas corpus, alleging that petitioner no. 2 (the corpus) is in the illegal custody of respondent no. 4. 3. In compliance with the order dated 24.03.2025, petitioner no. 2, Fatima (the minor corpus), has been produced before the Court by respondent no. 4. 4. The petition seeks the issuance of a writ of habeas corpus for the release of petitioner no. 2 (the minor corpus) from the alleged illegal custody of respondent no. 4. 5. A writ of habeas corpus is a prerogative writ aimed at safeguarding an individual's liberty by providing an immediate and effective remedy for release from unlawful or improper detention. The writ can also be invoked to restore the custody of a minor to their lawful guardian if they have been wrongfully deprived of it. The detention of a minor by a person not entitled to legal custody is considered equivalent to illegal detention, warranting the issuance of a writ for the minor's custody. 6. The law governing guardianship and custody matters is primarily encapsulated in the Guardians and Wards Act, 1890, under which a guardian may be appointed or entitled to custody upon a proper application filed by a person asserting such a claim. 7. Upon careful review of the facts in the present case, no evidence has been presented to establish that the custody of petitioner no. 2 is illegal or improper. Therefore, the writ of habeas corpus, which is invoked for the release from illegal custody, is not applicable in the present case. 8. As regards the issue of custodial rights, it is open to the parties to approach the appropriate forum for the determination of such rights in accordance with the law. 9. The observations made herein are prima facie in nature and are not intended to prejudice the rights or contentions of the parties, which may be raised in the appropriate legal proceedings before the relevant forum. 10. The instant writ petition is devoid of merits and it is accordingly dismissed. Order Date :- 9.4.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad