ANURAG DIXIT AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/864/2025 · 2025-10-06
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99099 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99099 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 864 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and perused the material available on record.
2. The present writ petition has been preferred by the petitioner no.1– father of petitioner no.2 (corpus) seeking a direction from this Court to respondent no.4- mother of the corpus- for the immediate production of the corpus (minor) and for ensuring his lawful custody with the petitioner no.1- father.
3. It is contended by learned counsel for the petitioner that respondent no.4 is illegally detaining the minor and that such custody is not in accordance with law.
4. Upon consideration of the submissions advanced and upon perusal of the record, it appears that the dispute primarily arises out of a matrimonial conflict and pertains to the custody of the minor child. This Court is of the considered opinion that the issues raised fall within the domain of the competent civil court under the provisions of the Guardians and Wards Act, 1890, where the question of custody can be adjudicated based on the welfare of the child.
5. In view of the above, this Court does not deem it appropriate to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India in the matter at this stage.
6. Accordingly, the present petition is devoid of merit and is hereby dismissed.
7. However, it is made clear that the petitioner no.1 shall be at liberty to Versus Counsel for Petitioner(s) : Virendra Kumar Tiwari Counsel for Respondent(s) : G.A. Anurag Dixit And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
avail appropriate remedies before the competent court, in accordance with law. October 7, 2025 Anil K. Sharma HABC No. 864 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad