Yash Thru. Her Natural Guardian Mother Smt. Sona and Another v. State of U.P. Thru. Secy. Deptt. of Home Lko and 2 Others
Case brief
What is this about?
Habeas corpus child custody illegal detention father paternal home; mother left matrimonial home July 2025, returned October 2025 after father-in-law's death, left without children; no change in children's residence, no illegal custody; writ dismissed at admission stage; habeas corpus in minor custody confined to detention by person not entitled to lawful custody (Tejaswini Gaud (2019) 7 SCC 42; Nirmala v. Kulwant Singh (2024) 10 SCC 595); custody and welfare require detailed inquiry — remedy is suit under Guardians and Wards Act 1890 before competent/family court; no interim visitation/access order permissible after dismissal of writ at threshold (State of Orissa v. Madan Gopal Rungta 1951 SCC OnLine SC 63; Mangal Rajendra Kamthe v. Tahsildar, Purandar 2026 SCC OnLine SC 297); Article 226 extraordinary jurisdiction; liberty to file regular custody suit; Suit No. 1387 of 2025 Family Court Hardoi listed 08.05.2026; Allahabad High Court Lucknow Bench HABC No. 118 of 2026; Subhash Vidyarthi, J.; minors Yash (8) and Nikhil (5) through mother Smt. Sona; respondent No. 3 Shri Shyam Ji.