Aayat Aziz Thru. Her Mother Shakila Bano vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 6 Others

Neutral Citation No. - 2025:AHC-LKO:4996

Court No. - 14

Case :- HABEAS CORPUS WRIT PETITION No. - 344 of 2024

Petitioner :- Aayat Aziz Thru. Her Mother Shakila Bano Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 6 Others

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Counsel for Petitioner :- Janardan Dixit Counsel for Respondent :- G.A.,Bajhul Quamar Siddiqui,Gyan Sagar Gupta

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Hon'ble Subhash Chandra Sharma,J.

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Counter and rejoinder affidavits filed today by learned counsels are taken on record.

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Heard learned counsel for the petitioner, learned counsel for the respondent as well as learned A.G.A. and perused the record.

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The present petition has been filed by the petitioner with following relief:

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' (i) issue a writ order or direction in the nature of Habeas Corpus to produce the detenue before this Hon'ble Court in the interest of Justice.

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(ii) issue a writ order or direction in the nature of Mandamus Commanding to the opposite party concern to set free the petitioner/detenue at her liberty and not to curtail her fundamental right as guaranteed by Article 19 and 21 of the Constitution of India in the interest of Justice.

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(iii) issue a writ order or direction in the nature of Mandamus Commanding to the opposite party concerned to give the custody of the detenue to her mother/natural guardian of the deponent for her better future in the interest of justice. '

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Learned counsel for petitioner submits that in this case, the detenue Aayat Aziz aged about 7 years is residing with her father and her mother is living seperately with her own parents. She is teacher in a school and she is in better position to look after the minor child, therefore, request to handover the minor child to the petitioner mother.

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Learned counsel for respondent submits that in this case, the child is above the age of 7 years and she is living with her

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father, who is a natural guardian. She is studying in an English School. Her well being is better in custody with her father than the mother who is living separate from the opposite party no. 2. in her parents' house and she remains busy in relation to her duty in attending the school from morning to evening. In this way better upbringing of child is possible only with the father who remains at home.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the parties and facts of the case, the child being aged about 7 years and living with her father and also studying in Public School, it cannot be said that her upbringing is not better in custody of her father. As a result this petition lacks merit and is liable to be dismissed.

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Accordingly, this petition is dismissed .

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Order Date :- 27.1.2025 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Aayat Aziz Thru. Her Mother Shakila Bano v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 6 Others

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Aayat Aziz Thru. Her Mother Shakila Bano v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 6 Others

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