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2025 DAILYLAW 8586 (ALL)

PRAGYA PATEL v. STATE OF U.P. AND 3 OTHERS

HABC/39/2025 · 2025-02-19

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25251 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 39 of 2025 Petitioner :- Pragya Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Bharti,Buddhi Prakash,Kamlesh Prasad Counsel for Respondent :- G.A.,Pankaj Misra Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioner and learned counsel for respondent no.4 as well as learned AGA. 2. The instant petition has been preferred for seeking custody of a minor corpus, namely, Pragya Patel and the allegation has been put forward that she has been illegally detained by her father/respondent no.4 due to some matrimonial dispute persisting between parents of corpus. 3. In pursuance of the order dated 20.01.2025, corpus, namely, Pragya Patel aged about 7 years, has been produced before this Court alongwith respondent no.4 by Sub-Inspector Amit Kumar Singh. 4. The corpus has been personally examined by this Court in a very cordial manner and reply to the same, corpus explained each and every happenings whatsoever occurred in the family and also submitted that she wants to lead her life with her mother only. There are certain complexities available in the parental side which need not to demonstrate at the time of passing this order since it is a pure private and personal matter which has been narrated by the corpus herself. 5. The above interaction with the corpus reveals that she wants to go with her mother, namely, Kalpana Patel and as such, custody maintained by respondent no.4, is determined as illegal. 6. In view of the statement made by (corpus), the instant petition is allowed. Sub-Inspector Amit Kumar Singh is hereby directed to hand over the custody of corpus to her mother forthwith. Order Date :- 20.2.2025/Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad