HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 841 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners as well as the learned A.G.A appearing on behalf of the State-respondents. 2. The present writ petition has been preferred with a prayer for issuance of a direction to the respondent authorities to produce petitioner no.1 (corpus) before this Court and to set her at liberty from the alleged illegal custody of respondent nos. 4 and 5. 3. Learned counsel for the petitioners submits that petitioner no. 2 solemnized marriage with respondent no. 4 as per Hindu rites and customs, out of their own free will, as both were in a consensual relationship. It is stated that out of their wedlock, a son, petitioner no. 1 (minor corpus), was born. It is further submitted that when respondent no.5, who is the father of respondent no. 4, came to know about the said marriage, he, with the aid and assistance of other family members, allegedly took away and has since been unlawfully detaining the minor corpus (petitioner no. 1). Thus, the corpus is stated to be in the illegal custody of respondent nos. 4 and 5. 4. Per contra, learned counsel for respondent no. 4 (wife) submits that a recovery proceeding for an amount of Rs.1,60,000/-, arising out of a matrimonial dispute, is pending against petitioner no. 2, and despite pendency of the said proceeding, the petitioner no.2 has failed to appear before the concerned trial Court. 5. 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 Versus Counsel for Petitioner(s) : Brijendra Pratap Singh, Uday Bhan Mishra Counsel for Respondent(s) : G.A., Rakesh Tripathi I Avi And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 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. 6. 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. 7. Upon careful review of the facts in the present case, no evidence has been presented to establish that the custody of petitioner no. 1 is illegal or improper. Therefore, the writ of habeas corpus, which is invoked for the release from illegal custody, is not applicable in the present case. 8. 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. 9. 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. 10. The instant writ petition is devoid of merits and it is accordingly dismissed. September 16, 2025 A. Tripathi HABC No. 841 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad