Dismissed¶22

Smt. Yasmin Bano (Detenue) Thru Her Husband Jalal Ahmad and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Allahabad HC13 Nov 2025HABC/237/2025

Case brief

AI extract

What is this about?

Allahabad High Court Lucknow Bench; HABC No. 237 of 2025; Saurabh Lavania, J.; habeas corpus petition dismissed as withdrawn (13.11.2025); detenues Smt. Yasmin Bano and minor son Mohd. Faiz allegedly abducted by her parents Jawad Ahmad and Shehjahan; A.G.A. Badrul Hasan report of P.S. Rudauli, District Ayodhya; detenues living with parents on own volition; petitioner-side second marriage on 15.06.2025; liberty granted to pursue remedy under Guardians and Wards Act, 1890; no precedent cited; withdrawal on counsel's request.

What did the court decide?

Permission to withdraw the habeas corpus petition, with liberty to avail remedies under the Guardians and Wards Act, 1890. ¶22

Smt. Yasmin Bano (Detenue) Thru Her Husband… — Child Custody and Guardianship | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

HABEAS CORPUS WRIT PETITION No. - 237 of 2025

¶3

Smt. Yasmin Bano (Detenue) Thru Her Husband Jalal Ahmad And Another

¶4

.....Petitioner(s)

¶5

Versus

¶6

State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others

¶7

.....Respondent(s)

¶8

Counsel for Petitioner(s) : Prince Singh, Prabhat Kumar Counsel for Respondent(s) : G.A., Anil Kumar Tiwari, Prabhakar Tiwari

¶9

Court No. - 13

¶10

HON'BLE SAURABH LAVANIA, J.

¶11

Case called out. Learned counsel for the petitioners Shri Prince Singh and learned A.G.A. Shri Badrul Hasan are present. No one appeared on behalf of the opposite party Nos. 3 and 4 namely Jawad Ahmad, S/o late Mohd. Umar and Shehjahan, W/o Jawad Ahmad. In these circumstances, this court proceeded to decide the petition finally.

¶12

Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

¶13

Present habeas corpus petition has been filed by Jalal Ahmad seeking custody of Smt. Yasmin Bano, W/o Jalal Ahmad and Mohd. Faiz, S/o Jalal Ahmad, residents of Kadirpur, Kadirpur, Faizabad (now Ayodhya).

¶14

The main relief sought is extracted herein under :-

¶15

"(i) Issue a writ, order or direction in the nature of HABEAS CORPUS the opposite parties to produce the corpus of detenue before this Hon'ble court and set them free. Since the life and liberty of the detenue is under serious jeopardy and now they are in forceful custody of opposite party no. 3 and 4 namely Jawad Ahmad and Shehjahan who are father and mother of the detenue who have abduct the detenue no. 1 and 2 forcibly when the petitioner were not present in house.

¶16

ii. Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party No. 3 and 4 not to interfere in the peaceful living of the detenue and her husband Jalal Ahmad."

¶17

The petitioner for the relief(s) quoted above impleaded Jawad Ahmad son of late Mohd. Umar and Shehjahan wife of Jawad Ahmad (who are in-laws of Jalal Ahmad) as opposite party No(s). 3 and 4.

¶18

HABC No. 237 of 2025

¶19

¶20

Learned A.G.A. Shri Badrul Hasan, based upon the instructions received from the Police Station-Rudauli, District - Ayodhya, copy of which is taken on record, says that Jalal Ahmad who has filed the present habeas corpus petition seeking custody of petitioners/detenue namely Smt. Yasmin Bano and Mohd. Faiz has solemnized second marriage on 15.06.2025. It has also been stated by Shri Badrul Hasan that the first wife of Jalal Ahmad, i.e. petitioner No.1-Smt. Yasmin Bano along with her minor son Mohd. Faiz (petitioner No.2) born out of the wedlock of the petitioner No.1 Smt. Yasmin Bano and Jalal Ahmad is living with her parents on her own volition/sweet will as such the present petition is liable to be dismissed.

¶21

On being confronted, learned counsel for the petitioners says that he may be permitted to withdraw the present habeas corpus petition with liberty to avail the remedy as available under the Guardians and Wards Act, 1890.

¶22

Accordingly, the habeas corpus petition is dismissed as withdrawn with the liberty as prayed for.

¶23

November 13, 2025 ML/-

¶24

(Saurabh Lavania,J.)

¶25

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Smt. Yasmin Bano (Detenue) Thru Her Husband Jalal Ahmad and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Yasmin Bano (Detenue) Thru Her Husband Jalal Ahmad and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Afzal Vs State of U.P. Thru. Secy. Home Lko. and Others

Rajesh Kumar Vs District Magistrate, Shravasti and 2 Others

Lala Alias Intsar Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Satish Lodhi vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Zafar @ Chanda vs State of U.P. Thru. Secy. Home Lko.

Smt. Lakshmi (Detenue) vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others