Abdul Kabeer Usmani Thru. His Father Noor Usmani v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others
Case brief
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Neutral citation 2024:AHC-LKO:42603; High Court of Judicature at Allahabad, Lucknow Bench (Court No. 11); Habeas Corpus Writ Petition No. 150 of 2024; decided by Subhash Vidyarthi, J. on 6.6.2024. Father's Article 226 habeas petition seeking production of minor son Abdul Kabeer Usmani from respondent no. 4 (the mother, living apart since 06.09.2020) with weekly meetings and daily phone access DISMISSED. Key points: affidavits on information/belief impermissible under Ch. IV Rules 8 & 12 Allahabad High Court Rules; Yashita Sahu v. State of Rajasthan (2020) 3 SCC 67 and two other custody precedents distinguished as arising under pending Guardians and Wards Act proceedings; habeas corpus maintainable only on forcible/clandestine sudden removal from lawful custody; pending s. 7 GWA case No. 167 of 2023 with mediation makes the writ a misuse of process; child welfare and wishes to be tested in the regular suit. Statutes referenced: Art. 226 Constitution; ss. 498A/323/504/506/377/313 IPC; ss. 3/4 Dowry Prohibition Act; s. 125 CrPC; s. 12 DV Act; s. 7 Guardians and Wards Act 1890.