HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 14 of 2026 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 filed by the maternal grandmother the corpus, seeking a direction to respondent no.2 to produce the corpus before this Court and to ensure his lawful custody be restored with the petitioner and to set him free from the illegal detention of the respondent nos.3 & 4, who is the grandfather and other relative of the corpus. 3. The brief facts of the case are that the marriage of the daughter of the petitioner- Rajeshwari, namely Arti (mother of the corpus), was solemnized with one Amrish in accordance with Hindu rites and ceremonies. It is alleged that after the marriage, Amrish subjected his wife to physical and mental cruelty, as a result of which she was compelled to leave her matrimonial home. Thereafter, she started residing at her parental home, where she gave birth to a male child. Subsequently, the mother unfortunately passed away, allegedly due to medical negligence. It is further stated that since then the minor child has been under the care and guardianship of his maternal grandmother, Rajeshwari, who has been looking after his upbringing and education. The child has also been admitted to SRS Memorial International School, Shikohabad. It has also been averred that the daughter of Rajeshwari had filed a complaint bearing Complaint Case No. 462 of 2025 (Rachna Devi v. Virendra Singh and others) before the learned Judicial Magistrate-II, Mainpuri, alleging commission of rape at gunpoint by the accused persons named therein. According to the petitioner, in connection with the said dispute, Amrish along with Rajesh Kumar, Rakesh, Versus Counsel for Petitioner(s) : Dasarathi Das, Sudhir Kumar Agarwal Counsel for Respondent(s) : G.A. Vivan Alias Vivansh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Nasik, Basant, Lavkush and Virendra Singh allegedly abducted the minor son with the intention of exerting pressure for a compromise in the aforesaid case. 4. Learned counsel for the petitioner contends that the respondent nos. 3 and 4 have been illegally detained the minor child, and that such custody is unauthorized and contrary to law. 5. Upon due consideration of the submissions and perusal of the record, it appears that the dispute arises from a matrimonial discord and primarily concerns the custody of the minor child and the proceeding under section 25 of the Guardians and Wards Act is already pending between the parties before the competent court since 14.10.2025. This Court is of the considered view that such matters fall within the jurisdiction of the civil court under the provisions of the Guardians and Wards Act, 1890, where the paramount consideration is the welfare of the minor child. 6. In the circumstances of the present case, this Court does not find it appropriate to invoke its extraordinary jurisdiction under Article 226 of the Constitution of India at this stage. 7. Accordingly, the writ petition is devoid of merit and is hereby dismissed. 8. However, it is expected from the learned Family Court to consider and decide the proceeding pending under the Guardians and Wards Act, expeditiously, keeping in mind the welfare of the minor child. February 10, 2026 Anil K. Sharma HABC No. 14 of 2026 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad