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2025 DAILYLAW 9318 (ALL)

MASTER PRATHAM SINGH @ HAPPY (MINOR CORPUS) AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

HABC/41/2025 · 2025-05-07

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74894 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 41 of 2025 Petitioner :- Master Pratham Singh @ Happy (Minor Corpus) And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dheeraj Kumar Maurya,Narendra Kumar Counsel for Respondent :- G.A.,Surendra Nath Dubey,Upendra Kumar Dubey Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned counsel for respondent Nos. 4 and 5, learned A.G.A. for the State and perused the record. Pursuant to the order dated 24.03.2025, petitioner No. 2 Km. Pragati Ritesh Singh (minor corpus) is present along with respondent Nos. 4 and 5 (maternal grand-parents). On the query being raised, petitioner No. 2 Km. Pragati Ritesh Singh (corpus) states that she is comfortably residing and pursuing her education at her maternal grandparent's house. It has also been informed that the petitioner No. 3 Ritesh Singh (father of the corpus) is an accused in an offence under Section 306 IPC. Therefore, looking to welfare of the minor corpus as paramount consideration, let the custody of the minor corpus remain with the maternal grand-parents. However, the petitioner No. 3 Ritesh Singh (father of the corpus) shall continue availing the visitation rights granted vide order dated 24.03.2025. Petitioner No. 3 Ritesh Singh (father of the corpus) shall ensure that the property in the name of their mother be succeeded in favour the minor children at the earliest. With the aforesaid direction, the petition is disposed of. Order Date :- 8.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad