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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 670 of 2025 Court No. - 53 HON'BLE SANDEEP JAIN, J.
1. Heard learned counsel for the petitioners and learned counsel for respondent nos.4 to 9. 2. By order dated 03.04.2026, this Court has justified the action of respondent no.5 Satish Singh, who is the father of the corpus Yuvaraj and Ayushman, for transferring their custody to respondent nos.8 & 9 and thereby dismissed the habeas corpus writ petition, which was filed by the petitioner Smt. Swati Bhartiya, the mother of the corpus, for taking the custody of her minor children Yuvaraj and Ayushman. 3. The above order of this Court dated 03.04.2026 was challenged by the petitioners by filing Special Appeal No.462 of 2026 (Yuvaraj and others vs. State of UP and others), which has been allowed by a Division Bench of this Court on 28.04.2026, whereby the habeas corpus writ petition has been restored to its original number and as such, now the petition is to be decided on merits, in accordance with law. 4. Learned counsel for the petitioners submits that the minor Yuvaraj is in the custody of his father respondent no.5, whereas the minor Ayushman is in the custody of respondent nos.8 & 9, who are the sister and husband of the sister of respondent no.5. 5. Learned counsel for the petitioners expressed petitioners' desire to cohabit with respondent no.5. Versus Counsel for Petitioner(s) : Pushpendra Kumar, Ramdhan Counsel for Respondent(s) : Ajay Kumar, Ankit Agarval, G.A., Ram Prakash Yuvaraj And 2 Others .....Petitioner(s) State Of Up And 8 Others .....Respondent(s)
6. Learned counsel for the respondent no.5 submits that there are no chances of cohabitation, keeping in view the conduct of the petitioner, Smt. Swati Bhartiya. 7. Since, there is no chance of cohabitation between the petitioner no.3 Smt. Swati Bhartiya and respondent no.5 Satish Singh, as such, this Court has to examine in whose care and custody the welfare of the minor can be better ensured. 8. In view of this, the parties are directed to file their respective affidavits disclosing their income, assets and how they will ensure the welfare of the minor corpus. 9. Respondent nos.8 & 9 are also directed to file their respective affidavits disclosing how they will ensure the welfare of the minor corpus. 10. List this matter on 13.05.2026, as fresh.
May 4, 2026 Jitendra HABC No. 670 of 2025 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad