Neutral Citation No. - 2025:AHC:59035 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 299 of 2025 Petitioner :- Km Manvi And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ajay Kumar,Anuj Kumar,Dharmendra Kumar Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned Additional Government Advocate for the State, and perused the record. 2. The present writ petition has been filed seeking the issuance of a writ, order, or direction in the nature of Habeas Corpus, commanding and directing Respondents authorities to produce the corpus petitioner no.1 Km. Manvi (minor daughter of Petitioner No. 2), from the custody of respondent nos. 6 and 7 before this Court. 3. Learned counsel for the petitioners submits that petitioner no. 2 is the biological father and legal guardian of petitioner no. 1, a minor girl aged about 9 years (hereinafter referred to as the "corpus"). It is alleged that the corpus is being illegally and unlawfully detained by respondent nos. 6 and 7, who are her maternal grandparents. It is further submitted that the mother of the corpus passed away on 13.06.2016, and ever since, the corpus has been residing in the custody of respondent nos. 6 and 7, without the consent of petitioner no. 2 and in violation of his lawful guardianship rights. 4. 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. 5. 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. 6. Upon careful review of the facts in the present case, no evidence has been presented to establish that the petitioner no. 1 has been illegal detained. Therefore, the writ of habeas corpus, which is invoked for the release from illegal custody, is not applicable in the present case. 7. 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. 8. 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. 9. The instant writ petition is devoid of merits and it is accordingly dismissed. Order Date :- 21.4.2025/A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad