Infant Lado Thru. Her Father Rajkumar v. State of U.P. Thru. Addl. Chief Secy. Home Lko.and 3 Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench, Court No. 13; HABEAS CORPUS WRIT PETITION No. 294 of 2025; neutral citation 2025:AHC-LKO:48080; petitioner Infant Lado (aged 3) through father Rajkumar versus State of U.P. through Addl. Chief Secretary Home and others; Article 226 Constitution of India; habeas corpus maintainability where a child resides with her mother during a matrimonial/custody dispute; held children not in illegal detention, writ of habeas corpus would not lie; writ petition dismissed; liberty to approach Family Court for custody; Subhash Vidyarthi, J.; order dated 18.8.2025.
What did the court decide?
On the facts on record, the daughters of the petitioner and opposite party No.4 are not in illegal detention of their mother, and a writ petition seeking issuance of a writ of habeas corpus would not lie in these circumstances.