Neutral Citation No. - 2025:AHC:52485 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 275 of 2025 Petitioner :- Kushayant Parashar Alias Kunj And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prem Shankar,Sanjay Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. The present petition seeks the issuance of a writ of habeas corpus for securing the release of petitioner no. 1 (the minor child) from the alleged unlawful custody of respondent no. 4. 2. Learned counsel for petitioner no. 2 submits that the corpus, a male child aged about two and half years, born out of the wedlock between petitioner no. 2 and respondent no. 4, is in illegal custody of the elder brother of respondent no. 4 due to an ongoing matrimonial dispute between the parties, which is pending trial before the competent court. 3. A writ of habeas corpus is a prerogative remedy designed to secure the liberty of an individual by ensuring immediate release from unlawful or unjustified detention. The writ is also maintainable in cases involving the custody of a minor where the minor has been wrongfully deprived from the lawful custody of a guardian. The unauthorized retention of a minor by a person not legally entitled to custody is treated as illegal detention, justifying the invocation of this writ. 4. Matters pertaining to guardianship and custody are primarily governed by the Guardians and Wards Act, 1890, under which a person asserting custodial rights may seek appropriate relief through a duly instituted application. 5. Upon a careful consideration of the material on record, this Court finds no cogent evidence to establish that the custody of the minor child (petitioner no. 1) with respondent no. 5 is illegal or improper so as to warrant interference under Article 226 of the Constitution by way of a writ of habeas corpus. 6. The issue of custody and guardianship of the minor remains within the purview of the competent civil forum, and the parties are at liberty to pursue appropriate legal remedies under the relevant statutory framework. 7. It is clarified that the observations made herein are purely prima facie and confined to the adjudication of the present writ petition. They shall not influence or prejudice the merits of any proceeding pending or to be instituted before the appropriate forum. 8. In view of the above, the writ petition is found to be devoid of merit and is accordingly dismissed. Order Date :- 10.4.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad