Disposed

Kumari Nitya Naman Tiwari Thru. Her Father Naman Kumar Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Allahabad HC18 Nov 2025SPLA/388/2025

Case brief

AI extract

What is this about?

Special appeal against dismissal of a habeas corpus writ petition concerning an alleged detenue living of her free will with respondent no.3 and a 7-year-old girl child. The court held the detenue should have been summoned and her statement recorded, directed police to produce her and seek instructions on respondent no.3's criminal history.

What the court decided

AI extract

Kumari Nitya Naman Tiwari Thru. Her Father… — Child Custody and Guardianship | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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SPECIAL APPEAL No. - 388 of 2025

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Kumari Nitya Naman Tiwari Thru. Her Father Naman Kumar Tiwari And Another

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.....Appellant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others

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.....Respondent(s)

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Counsel for Appellant(s) : Narayan Datt Tiwari Counsel for Respondent(s) : C.S.C.

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Court No. - 1

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HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J.

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1. Heard Shri Narayan Datta Tiwari, learned counsel for the appellant and Shri Ravish Chandra Mishra, learned A.G.A. for the State.

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2. The learned Single Judge has dismissed the writ petition seeking issuance of a writ of Habeas Corpus on the basis of written instructions received by the learned Additional Government Advocate, according to which, the alleged detenue had gone away of her free will and was living with opposite party no. 3, however, we are of the opinion that while considering a writ of habeas corpus the detenue should have been summoned and her statement should have been recorded rather than disposing of the matter merely based on written instruction, especially as, the alleged detenue is said to have taken away 7 years old girl child which the appellant/petitioner claims to have been born out of his wedlock with his wife, the alleged detenue, therefore, the question of welfare of the child was also involved, more so, when the allegation is that the person with whom the detenues are living, has a long criminal history. Let instructions be sought in this regard also as regards the alleged criminal history of respondent no. 3.

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3. Let the detenue be produced by the Police before this court on the next date.

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4. List/ put up on 18.11.2025 as fresh.

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SPLA No. 388 of 2025

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5. Shri Ravish Chandra Mishra, learned A.G.A. shall ensure compliance of this order.

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(Rajeev Bharti,J.) (Rajan Roy,J.)

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November 11, 2025 R.K.P.

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Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench

Kumari Nitya Naman Tiwari Thru. Her Father Naman Kumar Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Case brief

What is this about?

What the court decided

Kumari Nitya Naman Tiwari Thru. Her Father Naman Kumar Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Case brief

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What the court decided

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