HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 753 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners and the learned Additional Government Advocate representing the State-respondents. 2. The present habeas corpus petition has been instituted by Pankaj Kumar, son of Subhash Chand (petitioner no. 2), seeking issuance of a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the corpus, namely Master Ayansh Tyagi (petitioner no. 1), a minor aged about 12 years. 3. The brief factual background, as presented, is that respondent nos. 4 and 5, Smt. Nidhi Tyagi and Shri Pravesh Tyagi claim to be the biological mother and father of the corpus, Master Ayansh Tyagi, who is stated to be studying in Class VIII at Delhi Public School, Rajnagar Extension, Morta, Ghaziabad. 4. Pursuant to the order dated 25.08.2025, the corpus Master Ayansh Tyagi has been produced before this Court by petitioner no. 2, Pankaj Kumar (Mama of the corpus and real brother of Nidhi Tyagi), who claims to be the biological mother of the corpus. 5. On being interacted with, the corpus, Master Ayansh Tyagi, aged about 12 years, stated before this Court that Pankaj Kumar and Smt. Khasboo Tyagi are his parent, and he has been residing with them for the last 12 years. He further expressed his unequivocal desire to continue residing with them. 6. It is prima facie observed that Pankaj Kumar (petitioner no. 2) and Smt. Nidhi Tyagi (respondent no. 4) are real brother and sister. It has also come on record that Smt. Nidhi Tyagi has solemnized a love marriage with Shri Pravesh Tyagi (respondent no. 5), allegedly after having divorced his first wife, with whom he had two children. Versus Counsel for Petitioner(s) : Hukum Singh, Puneet Bhadauria Counsel for Respondent(s) : G.A., Rajesh Kumar Yadav, Sunil Kumar Upadhyay Master Ayansh Tyagi And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 7. During hearing, the conflicting claims have been set up by both Smt. Nidhi Tyagi and Smt. Khasboo Tyagi, each asserting herself to be the biological mother of the corpus, and each contended that the child had been residing with her. Such diametrically opposite assertions give rise to the disputed questions of fact, which cannot appropriately be adjudicated in the exercise of writ jurisdiction under Article 226 of the Constitution of India. 8. It is well settled that the question of guardianship or permanent custody cannot be conclusively adjudicated in proceedings under Article 226 of the Constitution of India by way of a writ of habeas corpus. Such issues squarely fall within the jurisdiction of the competent Court under the Guardians and Wards Act, 1890. 9. As conflicting claims, by two ladies, claiming themselves to be the biological mother of the corpus have been set up before this Court, therefore, the present petition stands disposed of with the liberty to the parties concerned to file appropriate petition before the competent Court to ventilate their grievances, or any other proceedings as the parties may deem fit and appropriate in the given facts. 10. Learned A.G.A. has drawn attention to the fact that an FIR being Case Crime No. 0564 of 2025, under Section 137(2) B.N.S., has been registered at Police Station Nandgram, Commissionerate Ghaziabad, against Pankaj Kumar and Smt. Khasboo Tyagi on allegations of kidnapping the corpus. 11. The material on record indicates that the present matter does not seem to be a case of kidnapping of the corpus by the maternal uncle and aunt (Mama and Mami), with whom the child has been residing since birth, i.e., for the last 12 years. The Commissioner of Police, Ghaziabad, is hereby directed to ensure that no coercive action shall be taken against any of the parties named in the FIR above. 12. Needless to add, the findings recorded herein are confined to the present habeas corpus petition and shall not prejudice the rights of any party in appropriate proceedings before the competent Court and the corpus has been set at liberty to reside with whom he has been residing since his birth, or with either of the parties to the petition as per his choice and comfort. September 10, 2025 Shafique HABC No. 753 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad