Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 830 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondent, and perused the record.
2. Learned counsel for the petitioners submits that petitioner no.2 – the corpus, aged about 18 years, has been taken away by opposite party nos. 4, 5, 6 and 7, who are the in-laws of the petitioner no.1, and that the corpus is currently in their illegal custody.
3. Per contra, learned A.G.A. submits that an FIR under Section 85, 82 of BNS read with sections 3/4 of Dowry Prohibition Act, 1961 has been registered against petitioner no.1 on the allegation of committing the murder of his wife – the mother of the corpus. It is further submitted that the custody of the corpus with opposite party nos. 4 to 6 cannot be termed as illegal, as the corpus is residing with her relatives. It is also informed that prior to this, the corpus was residing with the sister of petitioner no.1. The custody may potentially influence the trial court proceedings.
4. Upon hearing learned counsel for the parties and perusal of the record, this Court does not find any reason to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India, particularly when the corpus is with her maternal relatives and no material is placed on record to suggest that such custody is unlawful or detrimental to his welfare. She is stated to be major.
5. Accordingly, the instant petition is devoid of merit and is dismissed.
6. However, liberty is granted to the petitioners to approach the competent court, where the welfare of the corpus can be adequately assessed and safeguarded in accordance with law. September 11, 2025 Anil K. Sharma Versus Counsel for Petitioner(s) : Diksha Singh, Santosh Kumar Pandey Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Govind And Another .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad