Mariyam Thru. Her Next Friend/Mother Soni and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and 6 Others
Case brief
What is this about?
Child custody habeas corpus dismissed at admission stage; custody/welfare inquiry lies before Family Court (suit), not writ jurisdiction; no interim visitation after dismissal of writ petition; Tejaswini Gaud (2019) 7 SCC 42; Nirmala v. Kulwant Singh (2024) 10 SCC 595; State of Orissa v. Madan Gopal Rungta; Allahabad HC Lucknow Bench, Subhash Vidyarthi J., 27.04.2026.
What did the court decide?
Writ petition dismissed at the admission stage; petitioners given liberty/permission to file a regular suit before the competent court to claim custody of the children. No interim relief (visitation) granted. ¶37