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2026 DAILYLAW 13127 (ALL)

SHIVA PATEL (MINOR) AND ANOTHER v. STATE OF UP AND 5 OTHERS

HABC/1014/2026 · 2026-10-06

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1014 of 2026 Court No. - 78 HON'BLE SANDEEP JAIN, J. 1. By order dated 05.08.2026, the petitioner, Smt. Pooja, was permitted to reside with her minor daughter in her matrimonial home along with respondent no.4, Santosh Kumar, who is her husband. However, in view of the apprehension expressed by the petitioner that she might be subjected to cruelty and assault by her husband, this Court had not finally disposed of the matter. 2. Today, the petitioner, Smt. Pooja, is personally present before the Court along with the minor corpus, Shiva Patel. The respondent-husband is also present before the Court. 3. This Court interacted with the petitioner, Smt. Pooja, who stated that she has been residing comfortably in her matrimonial home in compliance with the order dated 05.08.2026 and that she has no complaint against her husband. She further stated that, till date, the conduct of her husband towards her has remained cordial. 4. This Court also interacted with the minor corpus, Shiva Patel, who stated that he is residing comfortably with his parents in their matrimonial home. 5. The Court further interacted with the respondent-husband, who stated that he wishes to continue residing with his wife in their matrimonial home. 6. From the statements made by the petitioner and the respondent-husband and the interaction with the minor corpus, it is apparent that the husband and wife have resolved their differences and have agreed to reside together in their matrimonial home along with their minor children. Versus Counsel for Petitioner(s) : Rajesh Kumar Tiwari Counsel for Respondent(s) : G.A., Kumar Ankit Srivastava Shiva Patel (Minor) And Another .....Petitioner(s) State Of Up And 5 Others .....Respondent(s) 7. In view of the aforesaid facts and circumstances, no issue relating to the custody of the minor corpus survives for adjudication by this Court. 8. Accordingly, the instant habeas corpus petition is disposed of. October 7, 2026 Jitendra HABC No. 1014 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad