Advika Singh (Minor) Thru. Her Father Dr. Uday Shanker Singh and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), HABC No. 114 of 2026, Subhash Vidyarthi, J., 02.04.2026 — habeas corpus by father for two minors (Advika Singh, 7; Advik Singh, 2) allegedly in mother's (respondent no. 3, Dr. Sweta Singh) illegal custody; children found permanently with mother, not illegally detained; habeas corpus in child custody confined to unlawful detention cases per Tejaswini Gaud (2019) 7 SCC 42 and Nirmala v. Kulwant Singh (2024) 10 SCC 595; welfare/custody requires detailed enquiry under ordinary remedies (Guardians and Wards Act framework); writ petition dismissed (निरस्त) with liberty to file regular custody suit; related proceedings: FIR 29.04.2024, charge-sheet 18.10.2024, S.482 CrPC petition 566/2026, O.S. 536/2024 u/s 13 Hindu Marriage Act, Family Court Pratapgarh.
What did the court decide?
Liberty to the petitioner to file a regular suit before the competent court claiming custody of the children.