Km. Inara Shaz and Another Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:194525

Court No. - 81

Case :- HABEAS CORPUS WRIT PETITION No. - 261 of 2023

Petitioner :- Km. Inara Shaz And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nafees Ahmad Counsel for Respondent :- G.A.,Ali Qambar Zaidi

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Nafees Ahmad, learned counsel for the petitioners, Sri Mohd. Danish, Advocate holding brief for Sri A.Q Zaidi, learned counsel for respondent no. 4 and Sri L.D. Rajbhar, learned AGA for the State.

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The submission of the petitioners is that petitioner no. 1-Baby Inara Shaz, aged about 3 years is in custody of respondent no. 4 (her mother). This petition has been filed on her behalf through her father with the submissions that he is not been allowed to even meet his minor daughter.

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From the petition and the counter affidavit, this admitted position emerges that Shaz Ahmad (petitioner no. 2) and Juhi Atahar (respondent no. 4) were husband and wife and have now obtained divorce through a proceeding for divorce, filed before the Family Court. This position is also undisputed that when the proceeding for divorce were under process, no application for obtaining the custody of corpus was ever moved by the petitioner.

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The petition is vehemently opposed by respondent no. 4 contending that by no stretch of imagination, the custody of a three years old child with her mother can be termed as illegal, therefore, this petition is not maintainable at all.

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In view of the admitted facts that the corpus is aged about 3 years and is staying with her natural guardian and mother, I do not find any cause to entertain this petition, hence it is dismissed .

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Order Date :- 10.10.2023 #Vikram/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Km. Inara Shaz and Another v. State of U.P. and 3 Others

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Km. Inara Shaz and Another v. State of U.P. and 3 Others

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