Father Faraz Anwer v. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And

Heard learned counsel for the petitioner, Sri Virendra Patel, learned Counsel for the private opposite parties, learned AGA for the State of U.P. and perused the record. The present petition in the nature of Habeas Corpus has been filed seeking following main reliefs:- "(i) Issue a writ, order or direction in the nature of Habeas Corpus directing the respondents to produce corpus/detainu Baby Aaira Faraz before this Hon'ble Court after setting her at liberty and allow her to go with his father Faraz Anwer." In nutshell the present petition, seeking custody of minor namely Baby Aaira Faraz, the alleged detenue has been filed on the grounds/facts to the effect that the respondent no.4 /Nida Faraz alias Nida Rahman d/o Late Saidurrahman w/o Faraz Anwer, filed a suit as Misc. Case No. 257 of 2019 (Nida Rehman Versus Kumar Aayra Faraz and others) under Sections 25 Guardian and Wards Act, 1890 (in short 'Act of 1890'), before the Additional Principal Judge, Court No.07, Lucknow (in short 'Family Court') and this fact indicates that custody of minor/Baby Aaira Faraz/detenue, was not with respondent no.4 and who took the custody of Baby Aaira Faraz/detenue illegally from the school namely CMS, Ansal Golf City Campus, Lucknow. It is to be noted that in the instant petition certain allegations have been levelled against the respondent no.4, according to which respondent no.4 solemnized second marriage in Dubai and in relation to the same, the 2 HABC No. 367 of 2024 affidavits have also been filed. However, to the view of this Court no finding should be given on the issue related to second marriage of respondent no.4. It is for the reason that in the present case, this Court has to see as to whether the custody of Baby Aaira Faraz/detenue is legal or not. On the aforesaid, this Court took note and order dated 10.01.2025 passed by this Court. The order dated 10.01.2025, reads as under:- "1. Shri Virendra Patel, Advocate has filed his 'vakalatnama on behalf of the respondent no.5- Ms. Nahid, the same is taken on record.

2. In compliance of the order of this Court dated 03.01.2025, detenue Baby Aaira Faraz has been produced before this Court by Sub Inspector and lady police constable of Police Station Ghazipur, Lucknow, namely, Ms. Princy and Neha Singh.

3. As Baby Aaira Faraz is admittedly of the age of 13 years and by appearance also seems to be of intellect where she can understand her welfare and take a decision this Court has made following interaction with her :- Que No.1- Aapka naam kya hai? Ans. Mera naam Aaira Faraz hai. Que No.2- Aapki umra kitni hai? Ans. Meri umra 13 saal hai. Que No.3- Aap is waąt kiske sath aur kaha reh rahi hai? Ans. Main apni nani or mummy ke sath Patel Nagar Extension, Indira Nagar, Lucknow me reh rahi hun. Que No.4- Kya aapko kisine aapki marji ke virudh rok rakha hai? Ans. nahi, mujhe kisine meri marji ke virudh nahi rok rakha hai mai apni marji se apni mummy or nani ke sath reh rahi hun. Que No.5- Aap ab kaha or kiske sath rehna chahti hain? Ans. Mai apni mummy or nani ke sath unke ghar rehna chahti hun. Que No.6- Kya apko apni nani or mummy ke sath rehne me koi pareshani hai? Ans. Nahi, mujhe apni mummy or nani ke sath rehne me koi pareshani nahi hai.

4. The above placed interactions held with alleged detenue Baby Aaira Faraz would reflect that she has consciously taken a decision to reside with her mother and maternal grand- mother. During the course of deliberations she admitted that her mother is doing some job in Dubai and also that her father has solemnized second marriage and two girls are born by that marriage and also that during her stay with his father she was not allowed to communicate with her mother. She also stated that she do not want to reside with her father.

5. In view of above, no case arises for interim shifting of the custody of the alleged detenue Baby Aaira Faraz and a decision in this regard shall be taken after the exchange of pleadings between the parties.

6. Thus, it is observed that Baby Aaira Faraz would continue to remain in custody of her mother and grand-mother, namely, respondent no.4- Nida Faraz @ Nida Rahman and respondent no.5- Nahid during the pendency of this proceeding. Any order with regard to the visitation right, would be passed having regard to the will and wish of the alleged detenue. 3 HABC No. 367 of 2024

7. List this case on 06.02.2025, by showing the name of Shri Virendra Patel as counsel for the respondent no.5 and he may also file counter affidavit/objections.

8. Since the detenue- Baby Aaira Faraz has stated that she is willing to go to the house of respondent no.4 and 5, where she is living, Lady Constable Ms. Neha Singh and Ms. Princy, Sub Inspector of Police Station Ghazipur, Lucknow, who have produced the detenue before this Court, are directed to take her to the house of respondent no.4- Nida Faraz @Nida Rahman and respondent no.5- Nahid, situated at Patel Nagar Extension, Indira Nagar, Police Station Ghazipur, Lucknow having regard to her security and decency." This Court also took note of the fact that respondent no.4 is mother of Baby Aaira Faraz/detenue. Taking note of aforesaid, this Court finds that no interference is required in the matter. Accordingly, the present petition is dismissed leaving it open to the petitioner to avail the remedy as available under law including filing of a suit under the Act of 1890. October 28, 2025/Jyoti/- (Saurabh Lavania,J.)

Heard learned counsel for the petitioner, Sri Virendra Patel, learned Counsel for the private opposite parties, learned AGA for the State of U.P. and perused the record. The present petition in the nature of Habeas Corpus has been filed seeking following main reliefs:- "(i) Issue a writ, order or direction in the nature of Habeas Corpus directing the respondents to produce corpus/detainu Baby Aaira Faraz before this Hon'ble Court after setting her at liberty and allow her to go with his father Faraz Anwer." In nutshell the present petition, seeking custody of minor namely Baby Aaira Faraz, the alleged detenue has been filed on the grounds/facts to the effect that the respondent no.4 /Nida Faraz alias Nida Rahman d/o Late Saidurrahman w/o Faraz Anwer, filed a suit as Misc. Case No. 257 of 2019 (Nida Rehman Versus Kumar Aayra Faraz and others) under Sections 25 Guardian and Wards Act, 1890 (in short 'Act of 1890'), before the Additional Principal Judge, Court No.07, Lucknow (in short 'Family Court') and this fact indicates that custody of minor/Baby Aaira Faraz/detenue, was not with respondent no.4 and who took the custody of Baby Aaira Faraz/detenue illegally from the school namely CMS, Ansal Golf City Campus, Lucknow. It is to be noted that in the instant petition certain allegations have been levelled against the respondent no.4, according to which respondent no.4 solemnized second marriage in Dubai and in relation to the same, the 2 HABC No. 367 of 2024 affidavits have also been filed. However, to the view of this Court no finding should be given on the issue related to second marriage of respondent no.4. It is for the reason that in the present case, this Court has to see as to whether the custody of Baby Aaira Faraz/detenue is legal or not. On the aforesaid, this Court took note and order dated 10.01.2025 passed by this Court. The order dated 10.01.2025, reads as under:- "1. Shri Virendra Patel, Advocate has filed his 'vakalatnama on behalf of the respondent no.5- Ms. Nahid, the same is taken on record.

2. In compliance of the order of this Court dated 03.01.2025, detenue Baby Aaira Faraz has been produced before this Court by Sub Inspector and lady police constable of Police Station Ghazipur, Lucknow, namely, Ms. Princy and Neha Singh.

3. As Baby Aaira Faraz is admittedly of the age of 13 years and by appearance also seems to be of intellect where she can understand her welfare and take a decision this Court has made following interaction with her :- Que No.1- Aapka naam kya hai? Ans. Mera naam Aaira Faraz hai. Que No.2- Aapki umra kitni hai? Ans. Meri umra 13 saal hai. Que No.3- Aap is waąt kiske sath aur kaha reh rahi hai? Ans. Main apni nani or mummy ke sath Patel Nagar Extension, Indira Nagar, Lucknow me reh rahi hun. Que No.4- Kya aapko kisine aapki marji ke virudh rok rakha hai? Ans. nahi, mujhe kisine meri marji ke virudh nahi rok rakha hai mai apni marji se apni mummy or nani ke sath reh rahi hun. Que No.5- Aap ab kaha or kiske sath rehna chahti hain? Ans. Mai apni mummy or nani ke sath unke ghar rehna chahti hun. Que No.6- Kya apko apni nani or mummy ke sath rehne me koi pareshani hai? Ans. Nahi, mujhe apni mummy or nani ke sath rehne me koi pareshani nahi hai.

4. The above placed interactions held with alleged detenue Baby Aaira Faraz would reflect that she has consciously taken a decision to reside with her mother and maternal grand- mother. During the course of deliberations she admitted that her mother is doing some job in Dubai and also that her father has solemnized second marriage and two girls are born by that marriage and also that during her stay with his father she was not allowed to communicate with her mother. She also stated that she do not want to reside with her father.

5. In view of above, no case arises for interim shifting of the custody of the alleged detenue Baby Aaira Faraz and a decision in this regard shall be taken after the exchange of pleadings between the parties.

6. Thus, it is observed that Baby Aaira Faraz would continue to remain in custody of her mother and grand-mother, namely, respondent no.4- Nida Faraz @ Nida Rahman and respondent no.5- Nahid during the pendency of this proceeding. Any order with regard to the visitation right, would be passed having regard to the will and wish of the alleged detenue. 3 HABC No. 367 of 2024

7. List this case on 06.02.2025, by showing the name of Shri Virendra Patel as counsel for the respondent no.5 and he may also file counter affidavit/objections.

8. Since the detenue- Baby Aaira Faraz has stated that she is willing to go to the house of respondent no.4 and 5, where she is living, Lady Constable Ms. Neha Singh and Ms. Princy, Sub Inspector of Police Station Ghazipur, Lucknow, who have produced the detenue before this Court, are directed to take her to the house of respondent no.4- Nida Faraz @Nida Rahman and respondent no.5- Nahid, situated at Patel Nagar Extension, Indira Nagar, Police Station Ghazipur, Lucknow having regard to her security and decency." This Court also took note of the fact that respondent no.4 is mother of Baby Aaira Faraz/detenue. Taking note of aforesaid, this Court finds that no interference is required in the matter. Accordingly, the present petition is dismissed leaving it open to the petitioner to avail the remedy as available under law including filing of a suit under the Act of 1890. October 28, 2025/Jyoti/- (Saurabh Lavania,J.)