Dismissed¶¶14

Hiya Verma Minor and Another v. State of U.P. and 3 Others

Habeas Corpus – Custody of minor

Allahabad HC7 Apr 2025HABC/220/2025

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Case brief

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What is this about?

Allahabad High Court; Vinod Diwakar, J.; habeas corpus; writ petition 220 of 2025; neutral citation 2025:AHC:49391; minor custody; Hiya Verma; respondent no. 4 Smt. Sanju; Varanasi; illegal or improper custody; lawful guardian; Guardians and Wards Act 1890; custodial rights; appropriate forum; prima facie observations; writ petition dismissed.

What did the court decide?

Upon careful review of the facts, no evidence was presented to establish that the custody of petitioner no. 1 is illegal or improper. ¶¶11

Hiya Verma Minor and Another vs State of… — Child Custody and Guardianship | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether a writ, order or direction in the nature of habeas corpus should issue commanding production of the minor corpus, Hiya Verma, from the custody of Respondent No. 4. +1 more

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Court's answer

Consequently, the writ of habeas corpus, which is invoked for release from illegal custody, is not applicable in the present case.

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Ratio / Principle

Upon careful review of the facts, no evidence was presented to establish that the custody of petitioner no. 1 is illegal or improper.

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Key takeaways

Detention of a minor by a person not entitled to legal custody is considered equivalent to illegal detention, warranting issuance of a writ for the minor's custody; habeas corpus may also be invoked to restore custody of a minor to their lawful guardian.obiter¶¶9
As regards custodial rights, it is open to the parties to approach the appropriate forum for their determination in accordance with the law.ratio¶¶12
The observations made in the judgment are prima facie in nature and are not intended to prejudice the rights or contentions of the parties, which may be raised in appropriate legal proceedings before the relevant forum.

Detailed headnote1 paragraphs

Habeas Corpus — Custody of minor — Writ petition (HABEAS CORPUS WRIT PETITION No. 220 of 2025, neutral citation 2025:AHC:49391) by minor Hiya Verma and another seeking a writ commanding Respondent Nos. 2 and 3 to produce the minor from the custody of Respondent No. 4 (Smt. Sanju) — Held, dismissing the petition (Vinod Diwakar, J., Allahabad High Court, 7.4.2025): (i) habeas corpus is a prerogative writ safeguarding liberty and may restore a minor to a lawful guardian, detention of a minor by a person not entitled to legal custody being equivalent to illegal detention; (ii) guardianship and custody are primarily governed by the Guardians and Wards Act, 1890; (iii) on the facts, no evidence established that the minor's custody was illegal or improper, hence the writ of habeas corpus was inapplicable; (iv) the parties remain free to approach the appropriate forum for determination of custodial rights; all observations prima facie only.

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Neutral Citation No. - 2025:AHC:49391

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Court No. - 76

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Case :- HABEAS CORPUS WRIT PETITION No. - 220 of 2025

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Petitioner :- Hiya Verma Minor And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar,Sarvesh Kumar Counsel for Respondent :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the petitioners, learned Additional Government Advocate for the State, and perused the record.

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The present writ petition has been filed seeking the issuance of a writ, order, or direction in the nature of Habeas Corpus, commanding and directing Respondent Nos. 2 and 3 to produce the corpus, Hiya Verma (minor daughter of Petitioner No. 2), from the custody of Respondent No. 4 before this Court.

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On the previous date, this Court had directed Respondent No. 4, Smt. Sanju, through the Station House Officer (S.H.O.), Police Station-Cantt, District Varanasi, to produce the petitioner No. 1, Hiya Verma (minor daughter of Respondent No. 4), before this Court.

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A writ of habeas corpus is a prerogative writ aimed at safeguarding an individual's liberty by providing an immediate and effective remedy for release from unlawful or improper detention. The writ can also be invoked to restore the custody of a minor to their lawful guardian if they have been wrongfully deprived of it. The detention of a minor by a person not entitled to legal custody is considered equivalent to illegal detention, warranting the issuance of a writ for the minor's custody.

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The law governing guardianship and custody matters is primarily encapsulated in the Guardians and Wards Act, 1890, under which a guardian may be appointed or entitled to custody upon a proper application filed by a person asserting such a claim.

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Upon careful review of the facts in the present case, no evidence has been presented to establish that the custody of petitioner no. 1 is illegal or improper. Therefore, the writ of habeas corpus, which is invoked for the release from illegal custody, is not applicable in the present case.

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As regards the issue of custodial rights, it is open to the parties to approach the appropriate forum for the determination of such rights in accordance with the law.

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The observations made herein are prima facie in nature and are not intended to prejudice the rights or contentions of the parties, which may be raised in the appropriate legal proceedings before the relevant forum.

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The instant writ petition is devoid of merits and it is accordingly dismissed .

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Order Date :- 7.4.2025 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Hiya Verma Minor and Another v. State of U.P. and 3 Others

Case brief

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Hiya Verma Minor and Another v. State of U.P. and 3 Others

Case brief

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