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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1284 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J.
Learned counsel for the petitioners submits that there was a matrimonial dispute between the petitioner, Anam Fatema, and her estranged husband, Syed Haider Ali. The husband had also instituted proceedings before the Principal Judge, Family Court, Azamgarh, under the Guardians and Wards Act, seeking custody of the minor corpus. During the pendency of the said proceedings, a compromise was entered into between the parties, pursuant to which the custody of the minor corpus was handed over to the husband of the petitioner. It is submitted that, at present, the respondent-husband is not permitting the petitioner to meet the minor corpus. I have heard learned counsel for the petitioner and perused the documents annexed with the petition. From the documents annexed with the petition, it is apparent that there was a matrimonial dispute between the parties and that the husband had instituted proceedings under the Guardians and Wards Act before the Principal Judge, Family Court, Azamgarh, seeking custody of the minor corpus, being Case No. 45 of 2024, Syed Haider Ali Vs. Anam Fatema. The said case was interimly allowed on 13.05.2025 and visitation rights were granted to the father of the corpus. During the pendency of the aforesaid proceedings, however, a compromise was entered into between the spouses, a copy whereof has been brought on record by the petitioner. The terms of the compromise disclose that the custody of the minor corpus was handed over to the father, who was Versus Counsel for Petitioner(s) : Afreen Shahab, Shahabuddin Counsel for Respondent(s) : G.A. Syed Nayab Haider And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
permitted to reside with the corpus at Kolkata. At the same time, visitation rights were granted to the petitioner to meet the minor corpus at Kolkata or Azamgarh. It was further agreed between the parties that the husband would pay a sum of Rs.15,00,000/- to the petitioner towards permanent alimony and would also pay a sum of Rs.10,000/- per month towards maintenance to her. The petitioner-wife has now complained that the respondent-husband is not abiding by the terms of the aforesaid compromise. However, this Court, in exercise of its jurisdiction in the present habeas corpus petition, cannot assume the role of an executing court for enforcing the terms of the compromise.
The petitioner is, therefore, at liberty to raise her grievance before the competent forum, which may examine the matter and ensure compliance with the terms of the compromise, in accordance with law. With the aforesaid observations, the instant habeas corpus petition is
disposed of. September 8, 2026 Mayank HABC No. 1284 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad