Baby Aksha Thru. Her Mother Shumaila Gaziya vs State of U.P. Thru. Secy. Deptt. Home Lko. and 7 Others

2. This is a habeas corpus petition. It has been submitted by learned counsel for the petitioner that Baby Aksha aged about four years was born out of the wedlock of opposite party no.4 and his wife Mrs. Shumaila Gaziya. He has submitted that the child is aged about four years only and mother being the natural guardian should be handed over the custody, but she has been illegally detained by opposite party no.4. 3. Let Station House Officer, Police Station Saadatganj, District Lucknow produce Baby Aksha and also opposite party no.4 before this Court on the next date. The deponent Mrs. Shumaila Gaziya will also appear before this Court on the next date.

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4. List this case on 08.1.2026."

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Vakalatnama filed by Shri Chandra Bhanu Singh and Shri Rajesh Kumar Gupta, Advocates on behalf of private respondent No.4 is taken on record.

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The private respondent No.4 and minor detenue along with Sub Inspector Shri Rajat Katiyar and Lady Constable Ms. Jagriti Dubey, Police Station Saadatganj, District Lucknow are present before this Court and they have been identified by their counsels.

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Learned counsel for the applicant submitted that private respondent No.4 was already married but without disclosing this fact he solemnised Nikah on 04.06.2020 with the deponent after adopting Islam religion and thereafter out

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HABC No. 460 of 2025

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2

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of their wedlock, the detenue was born on 05.08.2021. He submitted that the private respondent No. 4 had forcibly taken away the detenue from the custody of deponent and she was being victimised as a result, FIR No.290 of 2025 was lodged against private respondents under Sections 82(1), 85, 115(2), 351(2), 352 of BNS and Section 3/4 D.P. Act, at Police Station Saadatganj, District Lucknow on 19.11.2025. He also submitted that as the detenue is a female minor child aged about 4 1/2 years therefore, her custody may be shifted to her mother/deponent.

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The private respondent no. 4 who is also present before this court stated that he is unknown to Urdu language, therefore, he is not aware about the Nikahnama annexed with the petition but he admitted that marriage was solemnised with the deponent and he also admitted that in the year 2019, his first marriage was solemnised with Priya Uttam and divorce proceedings with Priya Uttam had already been concluded before the competent court in the year 2024.

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Learned counsel for private respondent no.4 also submitted that the proceedings under the Guardians and Wards Act has already been initiated by respondent no. 4 before the competent court.

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Considering the contentions of learned counsel for the parties and going through the contents of petition, as the detenue is a minor female child aged about 4-1/2 years, and as the deponent is running a Boutique and she stated that she is earning 1500/- per day therefore, the private respondent no. 4 is directed to hand over the child to the deponent (mother) forthwith.

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One week time is granted to learned counsel for private respondent no 4 for filing counter affidavit.

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Three days' thereafter is granted to the applicant to file rejoinder affidavit.

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List this case on 30.1.2026.

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On the next date, the deponent of the petition along with detenue and private respondent no. 4 shall appear before this Court.

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The deponent also undertakes that she will not create any hindrance in peaceful meeting of respondent no. 4 with the child on every Sunday in

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HABC No. 460 of 2025

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3

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between 11:00 a.m. to 01:00 p.m.

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The Senior Registrar of this Court is directed to ensure the protection of deponent (mother) as well as the child.

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(Rajeev Singh,J.)

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January 8, 2026

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Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Baby Aksha Thru. Her Mother Shumaila Gaziya v. State of U.P. Thru. Secy. Deptt. Home Lko. and 7 Others

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Baby Aksha Thru. Her Mother Shumaila Gaziya v. State of U.P. Thru. Secy. Deptt. Home Lko. and 7 Others

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