Sidra Nadeem Thru. Her Mother Shaziya Nisar And Another v. State Of U.P. Thru. Secy

1. Heard Sri Aasif Razzaque Khan, the learned counsel for the petitioners, Sri Rajesh Kumar Singh, the learned A.G.A.-I for the State and Sri Kaushal Kishore Tewari, the learned counsel for the respondents No.6 to 8.

2. By means of the instant writ petition filed through the mother of the alleged detenues, who are her daughter aged seven years and son aged three years, it has been alleged that the children are in the illegal detention of their father, i.e., the respondent No.6. The respondent No.7 is the father of the respondent No.6 and the respondent No.8 is the mother of the respondent No.6.

3. It has been pleaded in the writ petition that the mother of the children, Smt. Shaziya Nisar, got married to the respondent No.6 on 12.02.2017. Some allegations have been levelled in the writ petition regarding the status of employment of respondent No.6, a false depiction regarding his employment and financial status etc., but it is not necessary to go into those details for deciding this writ petition. The writ petition alleges that the respondent No.6 is suffering from acute bipolar disorder, due to which he gets aggressive and violent at times. The petitioner No.1 was born on 18.01.2018 and the petitioner No.2 was born on 27.07.2022. The respondent No.6 stopped earning since 2019 and the daughter of the parties was not admitted to a 2 HABC No. 272 of 2025 school due to financial problems. Thereafter, their mother started working as a teacher in AMS Creative School and she got the daughter, Sidra Nadeem, also admitted to the same school and she is bearing the expenditure of her education. Due to some matrimonial differences between the parents of the children because of physical abuse of the mother of the children and levelling of false allegations of adultery and theft against her, the mother had to leave her matrimonial home along with her children and she started living with her parents. On 04.03.2025, the respondent No.6 took away both the children from outside the house of their maternal grandfather, where they were living with their mother. It is claimed that the mother gave an application to the police in this regard on 19.03.2025 and she also gave an application to the Commissioner of Police on 26.03.2025, but the police have not taken any action on her complaint. Thereafter, the mother filed the instant petition for issuance of a writ of Habeas Corpus on 24.07.2025.

4. It has been pleaded in the writ petition that the respondent No.6 is not working anywhere. On 26.03.2025, the respondent No.6 forced the school authorities to issue a transfer certificate of the daughter and got her admitted to the Dar-al-Arqam Public School.

5. It has further been alleged in the writ petition that the daughter has been provided with a mobile phone, due to which her eyes got affected, and she has to wear glasses. The father has provided a mobile phone to keep her engaged so that the daughter does not ask for her mother. The mother of the children has also pleaded that respondent No.6 is heavily indebted and threatens the borrowers to commit suicide if they press for repayment of the loan. The mother of the children is working as a teacher in AMS Creative School, Khurram Nagar, Lucknow and she is being paid a salary of Rs.12,800/- and earns Rs.6,000/- per month from home tuition. The mother has claimed that she is capable of looking after the welfare and well-being of the children, including their health, education, intellectual development and providing a favourable environment along with all reasonable physical comforts, moral and ethical values, and that she has full love and affection for her children.

6. The respondents No.6 to 8 have filed a counter affidavit, wherein it 3 HABC No. 272 of 2025 is admitted that the mother of the children left her matrimonial home on 26.07.2024 along with the children, without informing anyone and she started living at her parents' home. The counter affidavit alleges that the respondent No.6 visited the house of the mother of the children on 04.03.2025 and found his children suffering from high fever and other ailments and there was nobody to look after the children. As such, the respondent No.6 took the children with him to the nearest clinic for their treatment and after giving proper treatment, he took the children to his house to look after their medical condition, which was degrading day by day.

7. The only medical document annexed with the counter affidavit is a prescription from an ophthalmologist issued on 25.04.2025, in which the ophthalmologist prescribed some medicines and glasses. From the document annexed with the counter affidavit, it appears that although it is alleged that the children were suffering from high fever on 04.03.2025, due to which the father had taken the children to a doctor to ensure immediate medical care, no such document has been annexed with the counter affidavit to support the aforesaid pleading.

8. Regarding financial status, the respondent No.6 has pleaded that he is running a firm under the name and style of Kalakaar Cars (Drive Dynamics) and earns about Rs.50,000 to 60,000 per month, but no document has been annexed with the counter affidavit to support this pleading.

9. The learned A.G.A.-I has been provided with written instructions by a Sub-Inspector of Police Station Gudamba, District Lucknow, who has stated that the children have been residing with their father since 04.03.2025 and no complaint or F.I.R. has been registered in this regard. A copy of the statement of respondent No.6 given to the police has been annexed with the instructions provided to the learned A.G.A.-I, in which he has merely stated that his wife has been residing with her parents since November 2022 and she did not return to her matrimonial home despite numerous efforts made by respondents No.7 and 8. He merely stated that the children have been residing with him since 04.03.2025, and in this statement, he did not allege that he had brought the children for proper medical 4 HABC No. 272 of 2025 care or that the children were treated

10. The learned counsel for the respondents No.6 to 8 has opposed the writ petition and he has submitted that the allegations levelled in the writ petition do not make out a case of illegal detention of the children by their father.

11. His further submission is that there is no dispute of any kind between the respondent No.6 and his wife and the respondent No.6 is ready and willing to keep his wife with him.

12. Having gone through the pleadings of the parties and the documents annexed in support therewith, it appears to be undisputed that the children were living with their mother since November, 2022. The mother had got the daughter admitted to a school where she teaches. The children were taken away from the custody of the mother on 04.03.2025. Although the father claims that he had visited the children on the aforesaid date and had found them suffering from high fever, and he had taken the children to ensure their proper medical care and had got them treated by a doctor, there is no document to support this contention. The daughter was taken only to an ophthalmologist on 25.04.2025 and she has not been taken to any pediatrician/ physician for treatment of fever or any other ailment. It is also not disputed that the mother is teaching in a school where the daughter was studying. The respondent No.6 claims that he is running a firm and is earning about Rs.50,000-60,000 per month, but he has not annexed either a copy of his income tax return or the balance sheet of the firm to substantiate the aforesaid claim.

13. So far as the submission of learned counsel for respondents No.6 to 8 that there is absolutely no dispute between the father and mother of the children, suffice it to say that the allegation that the mother is having an illicit relationship with some other person belies the submission of learned counsel for respondents No.6 to 8 that there are no disputes between the parents of the children. If one spouse levels an allegation that the other spouse is having an illicit relationship, and this allegation is false, it would give rise to a justified ground for the spouse living away from the other spouse who has levelled the allegation. Assuming the allegation is correct, it cannot be 5 HABC No. 272 of 2025 said that the suffering spouse has no dispute with the alleged spouse. Therefore, there appears to be a serious dispute between the parents of the children, although the same has not reached any Court for adjudication till this stage.

14. The undisputed facts of this case clearly establish that the children were taken away from the residence and custody of their mother on 04.03.2025 without her consent and without taking recourse to the remedies provided under law. In these circumstances, the sudden deprivation of custody of minor children from their mother is illegal, and the continued custody of the children with their father also becomes illegal.

15. Keeping in view the aforesaid discussion, this Court is of the considered opinion that the writ petition deserves to be allowed.

16. Accordingly, the writ petition is allowed.

17. The children, namely, Ms. Sidra Nadeem aged about 07 years, and Master Mohd. Umar aged about 03 years, who are present in the Court having been produced by the respondent No.6, are directed to be handed over to their mother, Smt. Shaziya Nisar, forthwith.

18. In case, the father of the children has any grievance regarding the proper upbringing of the children, he is free to avail remedies provided in law and in case any such proceedings are instituted, the same shall be decided in accordance with law.

19. At this stage, the learned counsel for the respondent No.6 made a request that the father be granted visitation rights.

20. The mother has not opposed this prayer and has stated that the father is free to meet the children, as it will also be in the interest of the welfare of the children.

21. Accordingly, it is provided that the father, Sri Ali Nadeem, shall have the right to visit the children every Sunday and to spend time with them for at least two hours and he will have the right to take the children out with him to his home or for excursion for a period of four hours on any one Sunday each month. 6 HABC No. 272 of 2025

22. This arrangement can be suitably modified in case of exigencies with mutual consent of the mother and father of the children. August 26, 2025 cks/- (Subhash Vidyarthi,J.) CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Aasif Razzaque Khan, the learned counsel for the petitioners, Sri Rajesh Kumar Singh, the learned A.G.A.-I for the State and Sri Kaushal Kishore Tewari, the learned counsel for the respondents No.6 to 8.

2. By means of the instant writ petition filed through the mother of the alleged detenues, who are her daughter aged seven years and son aged three years, it has been alleged that the children are in the illegal detention of their father, i.e., the respondent No.6. The respondent No.7 is the father of the respondent No.6 and the respondent No.8 is the mother of the respondent No.6.

3. It has been pleaded in the writ petition that the mother of the children, Smt. Shaziya Nisar, got married to the respondent No.6 on 12.02.2017. Some allegations have been levelled in the writ petition regarding the status of employment of respondent No.6, a false depiction regarding his employment and financial status etc., but it is not necessary to go into those details for deciding this writ petition. The writ petition alleges that the respondent No.6 is suffering from acute bipolar disorder, due to which he gets aggressive and violent at times. The petitioner No.1 was born on 18.01.2018 and the petitioner No.2 was born on 27.07.2022. The respondent No.6 stopped earning since 2019 and the daughter of the parties was not admitted to a 2 HABC No. 272 of 2025 school due to financial problems. Thereafter, their mother started working as a teacher in AMS Creative School and she got the daughter, Sidra Nadeem, also admitted to the same school and she is bearing the expenditure of her education. Due to some matrimonial differences between the parents of the children because of physical abuse of the mother of the children and levelling of false allegations of adultery and theft against her, the mother had to leave her matrimonial home along with her children and she started living with her parents. On 04.03.2025, the respondent No.6 took away both the children from outside the house of their maternal grandfather, where they were living with their mother. It is claimed that the mother gave an application to the police in this regard on 19.03.2025 and she also gave an application to the Commissioner of Police on 26.03.2025, but the police have not taken any action on her complaint. Thereafter, the mother filed the instant petition for issuance of a writ of Habeas Corpus on 24.07.2025.

4. It has been pleaded in the writ petition that the respondent No.6 is not working anywhere. On 26.03.2025, the respondent No.6 forced the school authorities to issue a transfer certificate of the daughter and got her admitted to the Dar-al-Arqam Public School.

5. It has further been alleged in the writ petition that the daughter has been provided with a mobile phone, due to which her eyes got affected, and she has to wear glasses. The father has provided a mobile phone to keep her engaged so that the daughter does not ask for her mother. The mother of the children has also pleaded that respondent No.6 is heavily indebted and threatens the borrowers to commit suicide if they press for repayment of the loan. The mother of the children is working as a teacher in AMS Creative School, Khurram Nagar, Lucknow and she is being paid a salary of Rs.12,800/- and earns Rs.6,000/- per month from home tuition. The mother has claimed that she is capable of looking after the welfare and well-being of the children, including their health, education, intellectual development and providing a favourable environment along with all reasonable physical comforts, moral and ethical values, and that she has full love and affection for her children.

6. The respondents No.6 to 8 have filed a counter affidavit, wherein it 3 HABC No. 272 of 2025 is admitted that the mother of the children left her matrimonial home on 26.07.2024 along with the children, without informing anyone and she started living at her parents' home. The counter affidavit alleges that the respondent No.6 visited the house of the mother of the children on 04.03.2025 and found his children suffering from high fever and other ailments and there was nobody to look after the children. As such, the respondent No.6 took the children with him to the nearest clinic for their treatment and after giving proper treatment, he took the children to his house to look after their medical condition, which was degrading day by day.

7. The only medical document annexed with the counter affidavit is a prescription from an ophthalmologist issued on 25.04.2025, in which the ophthalmologist prescribed some medicines and glasses. From the document annexed with the counter affidavit, it appears that although it is alleged that the children were suffering from high fever on 04.03.2025, due to which the father had taken the children to a doctor to ensure immediate medical care, no such document has been annexed with the counter affidavit to support the aforesaid pleading.

8. Regarding financial status, the respondent No.6 has pleaded that he is running a firm under the name and style of Kalakaar Cars (Drive Dynamics) and earns about Rs.50,000 to 60,000 per month, but no document has been annexed with the counter affidavit to support this pleading.

9. The learned A.G.A.-I has been provided with written instructions by a Sub-Inspector of Police Station Gudamba, District Lucknow, who has stated that the children have been residing with their father since 04.03.2025 and no complaint or F.I.R. has been registered in this regard. A copy of the statement of respondent No.6 given to the police has been annexed with the instructions provided to the learned A.G.A.-I, in which he has merely stated that his wife has been residing with her parents since November 2022 and she did not return to her matrimonial home despite numerous efforts made by respondents No.7 and 8. He merely stated that the children have been residing with him since 04.03.2025, and in this statement, he did not allege that he had brought the children for proper medical 4 HABC No. 272 of 2025 care or that the children were treated

10. The learned counsel for the respondents No.6 to 8 has opposed the writ petition and he has submitted that the allegations levelled in the writ petition do not make out a case of illegal detention of the children by their father.

11. His further submission is that there is no dispute of any kind between the respondent No.6 and his wife and the respondent No.6 is ready and willing to keep his wife with him.

12. Having gone through the pleadings of the parties and the documents annexed in support therewith, it appears to be undisputed that the children were living with their mother since November, 2022. The mother had got the daughter admitted to a school where she teaches. The children were taken away from the custody of the mother on 04.03.2025. Although the father claims that he had visited the children on the aforesaid date and had found them suffering from high fever, and he had taken the children to ensure their proper medical care and had got them treated by a doctor, there is no document to support this contention. The daughter was taken only to an ophthalmologist on 25.04.2025 and she has not been taken to any pediatrician/ physician for treatment of fever or any other ailment. It is also not disputed that the mother is teaching in a school where the daughter was studying. The respondent No.6 claims that he is running a firm and is earning about Rs.50,000-60,000 per month, but he has not annexed either a copy of his income tax return or the balance sheet of the firm to substantiate the aforesaid claim.

13. So far as the submission of learned counsel for respondents No.6 to 8 that there is absolutely no dispute between the father and mother of the children, suffice it to say that the allegation that the mother is having an illicit relationship with some other person belies the submission of learned counsel for respondents No.6 to 8 that there are no disputes between the parents of the children. If one spouse levels an allegation that the other spouse is having an illicit relationship, and this allegation is false, it would give rise to a justified ground for the spouse living away from the other spouse who has levelled the allegation. Assuming the allegation is correct, it cannot be 5 HABC No. 272 of 2025 said that the suffering spouse has no dispute with the alleged spouse. Therefore, there appears to be a serious dispute between the parents of the children, although the same has not reached any Court for adjudication till this stage.

14. The undisputed facts of this case clearly establish that the children were taken away from the residence and custody of their mother on 04.03.2025 without her consent and without taking recourse to the remedies provided under law. In these circumstances, the sudden deprivation of custody of minor children from their mother is illegal, and the continued custody of the children with their father also becomes illegal.

15. Keeping in view the aforesaid discussion, this Court is of the considered opinion that the writ petition deserves to be allowed.

16. Accordingly, the writ petition is allowed.

17. The children, namely, Ms. Sidra Nadeem aged about 07 years, and Master Mohd. Umar aged about 03 years, who are present in the Court having been produced by the respondent No.6, are directed to be handed over to their mother, Smt. Shaziya Nisar, forthwith.

18. In case, the father of the children has any grievance regarding the proper upbringing of the children, he is free to avail remedies provided in law and in case any such proceedings are instituted, the same shall be decided in accordance with law.

19. At this stage, the learned counsel for the respondent No.6 made a request that the father be granted visitation rights.

20. The mother has not opposed this prayer and has stated that the father is free to meet the children, as it will also be in the interest of the welfare of the children.

21. Accordingly, it is provided that the father, Sri Ali Nadeem, shall have the right to visit the children every Sunday and to spend time with them for at least two hours and he will have the right to take the children out with him to his home or for excursion for a period of four hours on any one Sunday each month. 6 HABC No. 272 of 2025

22. This arrangement can be suitably modified in case of exigencies with mutual consent of the mother and father of the children. August 26, 2025 cks/- (Subhash Vidyarthi,J.) CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench