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2026 DAILYLAW 6838 (ALL)

ZIYAN AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/1240/2026 · 2026-09-13

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. - 1240 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. 1. Counter affidavit filed on behalf of respondent no. 4 is taken on record. 2. By order dated 31.08.2026, the State as well as respondent no.4 were directed to produce the corpus, Ziyan, before this Court. In compliance with the said order, the corpus has been produced by S.I. Neeraj Kumar, PNO No. 882290197, and Constable Akash Kumar, PNO No. 182402050, Police Station Mandi Dhanaura, District Amroha. 3. This Court interacted with the corpus, Ziyan, who disclosed that he is about 10 years of age, is studying in Class VII and is presently residing with his father, Waseem Akram. He further stated that he is comfortable in the company of his father. 4. This Court also interacted with the petitioner, Gulshan Khatoon, who submitted that she is willing to reside with her husband, Waseem Akram, provided that she is treated with honour, dignity and respect in her matrimonial home. The respondent-husband has agreed to the said condition. 5. This Court also interacted with the respondent-husband, Waseem Akram, who submitted that he is willing to reside with his estranged wife in their matrimonial home. He further submitted that the corpus is presently in his custody and that he is taking due care of him. 6. Upon interacting with the parties, this Court is of the opinion that there Versus Counsel for Petitioner(s) : Haseen Ahmad, Sipte Husain Counsel for Respondent(s) : G.A. Ziyan And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) was a matrimonial dispute between the petitioner and her husband, Waseem Akram, which has now been amicably resolved. The petitioner is willing to reside with her estranged husband in their matrimonial home. Thus, no dispute regarding the custody of the minor corpus remains to be adjudicated at this stage. 7. The respondent-husband has given an undertaking before this Court that he shall keep his estranged wife with honour, dignity and respect and shall not commit any act which may give her any occasion for grievance. He has further undertaken that he shall take due care of the corpus and make all efforts to ensure his proper upbringing and education so as to enable him to become a responsible and respectable citizen of the country. 8. The petitioner-wife, Gulshan Khatoon, has agreed to accompany her husband from the Court today itself. 9. The petitioner-wife has also undertaken that she shall withdraw the cases instituted by her against her estranged husband and his family members. 10. In view of the aforesaid facts and circumstances, since the spouses have agreed to reside together harmoniously in their matrimonial home, the instant habeas corpus petition is disposed of in terms of the aforesaid directions and undertaking. September 14, 2026 Jitendra HABC No. 1240 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad