SMT. POOJA CHAUBE AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
HABC/239/2025 · 2025-09-14
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33693 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33693 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 239 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. The instant petition has been filed by petitioner no. 3 to trace out petitioner no. 2 (daughter) who is minor and aged about 9 years and who is allegedly residing with the mother (petitioner no. 1).
2. Learned counsel for the petitioners states that her legally wedded wife has been living in adultery with respondent no.4. Therefore, he has preferred the instant petition for custody of petitioner no. 2 (daughter).
3. In response to the submissions advanced by counsel for the petitioners, learned A.G.A. handed over a bunch of documents with regard to the conduct of the petitioner no. 3 and the statement under Section 183 B.N.S.S. which has been recorded by police in connection with F.I.R. No. 0101 of 2025 dated 01.04.2025 registered at P.S. Sigra, District-Varanasi wherein it is stated that petitioner no. 1 is residing somewhere in Lucknow and because of the atrocities committed by her husband i.e. petitioner no. 3, she has left to save herself and her daughter's life and that she does not want to reside with her husband.
4. After hearing the learned counsel for the petitioners, perusal of the documents produced by learned A.G.A., this Court finds that no case for grant of indulgence is made out.
5. In view of the above, the petition stands dismissed. Versus Counsel for Petitioner(s) : Raj Kumar Pandey, Ram Kumar Pal Counsel for Respondent(s) : G.A. Smt. Pooja Chaube And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
6. It is made clear, that the petitioner no. 3, if so desires, can file appropriate case before the trial court under the Guardians and Wards Act, 1890. September 15, 2025 SY HABC No. 239 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad