Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 95812 (ALL)

SMT RINKI AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS

HABC/837/2025 · 2025-09-14

Vinod Diwakar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 837 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. The instant petition has been preferred by the petitioner no. 4 on behalf of petitioner nos. 1, 2 and 3. The petitioner no. 1 is legally wedded wife of petitioner no. 4 whereas petitioner nos. 2 and 3 are children born out of wed lock of petitioner nos. 1 and 4. Respondent nos. 4 and 5 are mother and father of petitioner no. 1 (wife). 2. Learned counsel for the petitioners states that his wife i.e. petitioner no. 1 has been living in illegal custody of her mother and father i.e.( respondent nos. 4 and 5) and therefore, the instant petition has been filed seeking custody of her wife and children. 3. Per contra, learned A.G.A. submits that the dispute appears to be of a purely matrimonial nature, arising out of differences between the husband and wife. He further submits that custody of petitioner nos. 1 to 3 with the family members of petitioner no.1 cannot, in the facts of the case, be termed as unlawful or illegal. 4. Upon consideration of the rival submissions and on perusal of the record, this Court finds that the allegations essentially disclose a matrimonial dispute relating to the custody of the wife and children. Such questions of guardianship, custody, and matrimonial rights are matters falling within the jurisdiction of the competent court and not within the scope of extraordinary Versus Counsel for Petitioner(s) : Manoj Pandey Counsel for Respondent(s) : G.A. Smt Rinki And 3 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) writ jurisdiction under Article 226 of the Constitution of India. 5. In view thereof, no ground is made out for interference by this Court in exercise of its writ jurisdiction. 6. Accordingly, the writ petition stands dismissed. September 15, 2025 SY HABC No. 837 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad