Allowed¶17

Alia and 2 Others v. State of U.P. and 3 Others

Habeas Corpus – custody of minor corpus

Allahabad HC29 Apr 2026HABC/490/2026

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What is this about?

Allahabad High Court; HABC No. 490 of 2026; habeas corpus; temporary custody of minor children; custody handed to mother Nagina Bano; welfare of minors; children not admitted to school; tutored by father Nawab Ali; Sandeep Jain, J.; next date 15.07.2026; matter tied up with Bench.

What did the court decide?

Temporary custody of the minor corpus (Alia, Vakisha and Rifa) handed over to their mother, petitioner Nagina Bano; matter to be listed on 15.07.2026 and deemed tied up with the Bench. ¶17

Alia and 2 Others vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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HABEAS CORPUS WRIT PETITION No. - 490 of 2026

Alia And 2 Others

.....Petitioner(s)

Versus

State Of U.P. And 3 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Manoj Kumar Verma
Counsel for Respondent(s)	: G.A.

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Court No. - 53

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HON'BLE SANDEEP JAIN, J.

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By order dated 29.04.2026, the State was directed to produce the corpus Alia, Vakisha and Rifa, the daughters of petitioner Nagina Bano, who are aged about 7, 8 and 6 years and in compliance of that order the minor corpus were produced by S.I. Vivek Kumar Gupta, PNO No.192038078 and Lady Constable Sandhya Bharti, PNO No.252034365.

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This Court interacted with the minor corpus, who are children of tender age, who were obviously tutored by the respondent no.4 Nawab Ali, who submitted that they do not want to reside with their mother Nagina Bano.

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This Court interacted with the minor corpus, who disclosed that they have not been admitted to any school by their father Nawab Ali, who are illiterate, who were shabbily dressed and it is apparent that their future is bleak.

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This Court also interacted with the respondent Nawab Ali, who disclosed that out of the wedlock with the petitioner Nagina Bano, they have nine children and all children are in his custody. He further disclosed that he has solemnized marriage of his two daughters. It is apparent that he is a person with meager financial resources.

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The petitioner Nagina Bano is only somehow managing to survive. The Court tried to reconcile the differences between the petitioner and respondent but the Court is not able to do so. The petitioner Nagina Bano wanted as a mother one opportunity to reside with her minor children in order to convince that she will ensure their better future.

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HABC No. 490 of 2026

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In view of this, since, the petitioner Nagina Bano is mother of the minor corpus, it deems appropriate to handover the temporary custody of the corpus to the petitioner Nagina Bano, who is their mother, who had assured the Court that she will look-after the welfare of the corpus and also get them admitted in a school. Since, the corpus are the minor daughters of the petitioner, it deems appropriate on this ground also to handover their custody to their mother.

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Accordingly, the temporary custody of the minor corpus is handed to the petitioner Nagina Bano.

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List this matter on 15.07.2026. The matter be deemed tied up with this Bench.

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(Sandeep Jain,J.)

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May 12, 2026

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Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Alia and 2 Others v. State of U.P. and 3 Others

Case brief

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Alia and 2 Others v. State of U.P. and 3 Others

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