Aditri Srivastava Thru. Her Mother Gunjan Srivastava And Another v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Thru. S.H.O. Lucknow And

Ram Kumar Srivastava Ram Kumar Counsel for Respondent(s) : G.A., Ashish Kumar Singh Court No. - 13 HON'BLE SAURABH LAVANIA, J.

1. Heard learned counsel for the petitioners, Sri Ashish Kumar Singh, learned Counsel for the side opposite, learned AGA for the State of U.P. and perused the record.

2. The present petition has been filed for the following main reliefs:- "i) Issue a writ, order or direction in the nature of Habeas Corpus thereby directing respondents to produce the Corpus/Petitioner No.1 before this Hon'ble Court and set her at liberty/custody of Petitioner No.2/ mother forthwith;"

3. The brief facts of the case are as under:- (i) The marriage of Gunjan Srivastava was solemnized with opposite party no.5/Lallan Yadav as per Hindu Rights and Rituals on 10.12.2018 and out of this wedlock Aditri Shree alias Aditri Srivastava was born on 05.10.2020 and thereafter second daughter of this couple namely Vamika was born on 25.09.2022. (ii) On 17.04.2024 Gunjan Srivastava alongwith two daughters, named above, were beaten and kicked out from the house by the opposite party no.5 as alleged, and thereafter Gunjan Srivastava alongwith her daughters came to her parents' house and started living there. (iii) On 25.04.2024 Gunjan Srivastava preferred a complaint registered as Complaint No. 40015724029587 and thereafter mediation took place, which subsequently failed, and thereafter an FIR dated 23.08.2024 against the opposite party no.5/Lallan Yadav (husband of Gunjan Srivastava) and his family members was lodged as Crime No. 0392 of 2024 under Sections 504/323/498A IPC and 3/4 D.P. Act, Police Station- Chinhat, District-Lucknow. 2 HABC No. 279 of 2025 (iv) An application dated 02.05.2024 was preferred by Gunjan Srivastava under Section 125 Cr.P.C., registered as Case No. 567 of 2024, wherein the Additional Principal Judge, Court No.5, Family Court, Lucknow (in short 'Family Court') was passed the order dated 02.04.2025 and directed the opposite party no.5 to pay Rs. 4,000/- per month to Gunjan Srivastava, Rs. 1,000/- per month to Aditri Shree alias Aditri Srivastava and Rs. 1,000/- to his second daughter/Vamika. (v) It is to be noted that opposite party no. 5 also filed the proceedings under Section 9 of Hindu Marriage Act, 1955 (in short 'Act of 1955'), which is pending consideration.

4. In the aforesaid background of the case, the present petition has been filed.

5. Considering the facts of the case on 12.08.2025, this Court passed the following orders:- "1. In compliance of the order dated 05.08.2025 Sri Siddhant Singh, Sub Inspector, Police Station Gazipur, District Lucknow has produced before this court the opposite party no.5 and the detenue.

2. Heard Smt. Prachi Arya, the learned counsel for the petitioners, Sri Rajesh Kumar Singh, the learned A.G.A. appearing on behalf of the State, Sri Ashish Kumar Singh, Advocate who has put in appearance on behalf of the opposite party no.5 and filed his vakalatnama, which is taken on record.

3. The petitioner no.2 has alleged in the habeas corpus petition that the opposite party no.5 had forcibly taken away the alleged detenue on 27.07.2025, whereas some matrimonial litigation between the parties are pending.

4. The opposite party no.5 has admitted before this court that his daughter is residing with him for the past 15 days, from which it appears that the averments made in the habeas corpus petition are correct. It has also been pleaded in the petition that an F.I.R. No.264 of 2025 has been lodged in this regard in Police Station Gazipur, District Lucknow East (Commissionerate Lucknow).

5. In these circumstances, it appears that although the opposite party no.5 is father of the child detenue, he has taken away the custody of the child forcibly and suddenly on

27.07.2025.

6. Initially the opposite party no.5 stated that the child is aged about 6 years and her date of birth is 19.10.2019, but when the court proposed to get his statement verified from the record of the hospital he stated that the child has not completed five years of age till date.

7. In these circumstances, prima facie appears that the petitioner no.2 being the mother of the girl child about less than five years is entitled to get custody of her daughter from which she has been deprived of by use of force suddenly and she is entitled to restoration of custody of her daughter Aditri Shri. 3 HABC No. 279 of 2025

8. At this stage, the petitioner no.2 and the opposite party no.5 stated that as numerous matrimonial disputes are pending between them, both of them are willing to make efforts for amicable settlement of disputes through the process of mediation.

9. Accordingly, the matter is referred to the Mediation and Conciliation Centre of this court forthwith, where the parties will appear. The Mediation Centre is requested to assign the matter to some competent mediator forthwith and hold the first session today itself keeping in view the fact that this court has come to a conclusion that the petitioner no.2 has been illegally deprived of custody of her daughter who is less than five years of age and she is entitled to custody of the child. The mediation centre is requested to make all efforts to get the disputes between the parties resolved amicably. As the custody of the child is being handed over to her mother, the atmosphere is conducive for handing over the custody can better be provided in the mediation and conciliation centre of this court as compared to this court.

10. On the dates fixed in the Mediation Centre the petitioner no.2 will bring her minor daughter along with her and the opposite party no.5 shall be permitted to meet his daughter and to spend some time with her. The opposite party no.2 will have the right to meet his daughter on every Sunday and he will be permitted to spend time with her daughter alone either inside the house of the petitioner no.2 or by taking her daughter to some nice place at his discretion.

11. As an interim measure, it is provided that the custody of the petitioner no.1- Aditri Shree @ Aditri Srivastava, aged about 4 years shall be given to the petitioner no.2 Smt. Gunjan Srivastava today itself in the Mediation & Conciliation Centre of this Court.

12. List this case in the week commencing 13.10.2025 for final orders to be passed keeping in view the report of the Mediation & Conciliation Centre of this court.

13. Sri Siddhant Singh, Sub Inspector, Police Station Gazipur, District Lucknow who has produced before this court the opposite party no.5 and the detenue, is discharge of further obligations regarding this case. "

6. Today, when the case was taken up, learned Counsel for the parties submitted that mediation has failed and the custody of Aditri Shree alias Aditri Srivastava in terms of order of this Court dated 12.08.2025, is with Gunjan Srivastava, whose custody was forcibly taken by opposite party no.5 on 27.07.2025 and in relation to which an FIR was also lodged on 28.07.2025 by Gunjan Srivastava at Police Station-Gazipur, District-Lucknow (Commissionerate Lucknow), registered as Case Crime No. 0264 of 2025, under Sections 115(2), 351(2), 127(2) and 333 of BNS.

7. Considered the submission of learned Counsel for the parties and perused the records.

8. Upon due consideration of aforesaid including the order dated 02.04.2025 passed 4 HABC No. 279 of 2025 by the Family Court, which indicates that at the time of moving of application under Section 125 Cr.P.C. and also on the date of passing of order dated 02.04.2025, the custody of Aditri Shree alias Aditri Srivastava, was with Gunjan Srivastava and also the contents of FIR(Case Crime No. -0264/2025), it is apparent that the opposite party no.5/Lallan Yadav took the custody of petitioner no.1, forcibly, this Court is of the view that indulgence of this Court is required in the matter.

9. Accordingly, the present petition is allowed. The custody of Aditri Shree alias Aditri Srivastava, would be remained with Gunjan Srivastava and visiting rights would be available to the opposite party no.5, as was provided to opposite party no.5 by this Court vide order dated 12.08.2025.

10. The opposite party no.5/Lallan Yadav is at liberty to pursue the remedy already availed in terms of Guardian and Wards Act, 1890, which shall be decided on its own merits. October 31, 2025 Jyoti/- (Saurabh Lavania,J.) JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Ram Kumar Srivastava Ram Kumar Counsel for Respondent(s) : G.A., Ashish Kumar Singh Court No. - 13 HON'BLE SAURABH LAVANIA, J.

1. Heard learned counsel for the petitioners, Sri Ashish Kumar Singh, learned Counsel for the side opposite, learned AGA for the State of U.P. and perused the record.

2. The present petition has been filed for the following main reliefs:- "i) Issue a writ, order or direction in the nature of Habeas Corpus thereby directing respondents to produce the Corpus/Petitioner No.1 before this Hon'ble Court and set her at liberty/custody of Petitioner No.2/ mother forthwith;"

3. The brief facts of the case are as under:- (i) The marriage of Gunjan Srivastava was solemnized with opposite party no.5/Lallan Yadav as per Hindu Rights and Rituals on 10.12.2018 and out of this wedlock Aditri Shree alias Aditri Srivastava was born on 05.10.2020 and thereafter second daughter of this couple namely Vamika was born on 25.09.2022. (ii) On 17.04.2024 Gunjan Srivastava alongwith two daughters, named above, were beaten and kicked out from the house by the opposite party no.5 as alleged, and thereafter Gunjan Srivastava alongwith her daughters came to her parents' house and started living there. (iii) On 25.04.2024 Gunjan Srivastava preferred a complaint registered as Complaint No. 40015724029587 and thereafter mediation took place, which subsequently failed, and thereafter an FIR dated 23.08.2024 against the opposite party no.5/Lallan Yadav (husband of Gunjan Srivastava) and his family members was lodged as Crime No. 0392 of 2024 under Sections 504/323/498A IPC and 3/4 D.P. Act, Police Station- Chinhat, District-Lucknow. 2 HABC No. 279 of 2025 (iv) An application dated 02.05.2024 was preferred by Gunjan Srivastava under Section 125 Cr.P.C., registered as Case No. 567 of 2024, wherein the Additional Principal Judge, Court No.5, Family Court, Lucknow (in short 'Family Court') was passed the order dated 02.04.2025 and directed the opposite party no.5 to pay Rs. 4,000/- per month to Gunjan Srivastava, Rs. 1,000/- per month to Aditri Shree alias Aditri Srivastava and Rs. 1,000/- to his second daughter/Vamika. (v) It is to be noted that opposite party no. 5 also filed the proceedings under Section 9 of Hindu Marriage Act, 1955 (in short 'Act of 1955'), which is pending consideration.

4. In the aforesaid background of the case, the present petition has been filed.

5. Considering the facts of the case on 12.08.2025, this Court passed the following orders:- "1. In compliance of the order dated 05.08.2025 Sri Siddhant Singh, Sub Inspector, Police Station Gazipur, District Lucknow has produced before this court the opposite party no.5 and the detenue.

2. Heard Smt. Prachi Arya, the learned counsel for the petitioners, Sri Rajesh Kumar Singh, the learned A.G.A. appearing on behalf of the State, Sri Ashish Kumar Singh, Advocate who has put in appearance on behalf of the opposite party no.5 and filed his vakalatnama, which is taken on record.

3. The petitioner no.2 has alleged in the habeas corpus petition that the opposite party no.5 had forcibly taken away the alleged detenue on 27.07.2025, whereas some matrimonial litigation between the parties are pending.

4. The opposite party no.5 has admitted before this court that his daughter is residing with him for the past 15 days, from which it appears that the averments made in the habeas corpus petition are correct. It has also been pleaded in the petition that an F.I.R. No.264 of 2025 has been lodged in this regard in Police Station Gazipur, District Lucknow East (Commissionerate Lucknow).

5. In these circumstances, it appears that although the opposite party no.5 is father of the child detenue, he has taken away the custody of the child forcibly and suddenly on

27.07.2025.

6. Initially the opposite party no.5 stated that the child is aged about 6 years and her date of birth is 19.10.2019, but when the court proposed to get his statement verified from the record of the hospital he stated that the child has not completed five years of age till date.

7. In these circumstances, prima facie appears that the petitioner no.2 being the mother of the girl child about less than five years is entitled to get custody of her daughter from which she has been deprived of by use of force suddenly and she is entitled to restoration of custody of her daughter Aditri Shri. 3 HABC No. 279 of 2025

8. At this stage, the petitioner no.2 and the opposite party no.5 stated that as numerous matrimonial disputes are pending between them, both of them are willing to make efforts for amicable settlement of disputes through the process of mediation.

9. Accordingly, the matter is referred to the Mediation and Conciliation Centre of this court forthwith, where the parties will appear. The Mediation Centre is requested to assign the matter to some competent mediator forthwith and hold the first session today itself keeping in view the fact that this court has come to a conclusion that the petitioner no.2 has been illegally deprived of custody of her daughter who is less than five years of age and she is entitled to custody of the child. The mediation centre is requested to make all efforts to get the disputes between the parties resolved amicably. As the custody of the child is being handed over to her mother, the atmosphere is conducive for handing over the custody can better be provided in the mediation and conciliation centre of this court as compared to this court.

10. On the dates fixed in the Mediation Centre the petitioner no.2 will bring her minor daughter along with her and the opposite party no.5 shall be permitted to meet his daughter and to spend some time with her. The opposite party no.2 will have the right to meet his daughter on every Sunday and he will be permitted to spend time with her daughter alone either inside the house of the petitioner no.2 or by taking her daughter to some nice place at his discretion.

11. As an interim measure, it is provided that the custody of the petitioner no.1- Aditri Shree @ Aditri Srivastava, aged about 4 years shall be given to the petitioner no.2 Smt. Gunjan Srivastava today itself in the Mediation & Conciliation Centre of this Court.

12. List this case in the week commencing 13.10.2025 for final orders to be passed keeping in view the report of the Mediation & Conciliation Centre of this court.

13. Sri Siddhant Singh, Sub Inspector, Police Station Gazipur, District Lucknow who has produced before this court the opposite party no.5 and the detenue, is discharge of further obligations regarding this case. "

6. Today, when the case was taken up, learned Counsel for the parties submitted that mediation has failed and the custody of Aditri Shree alias Aditri Srivastava in terms of order of this Court dated 12.08.2025, is with Gunjan Srivastava, whose custody was forcibly taken by opposite party no.5 on 27.07.2025 and in relation to which an FIR was also lodged on 28.07.2025 by Gunjan Srivastava at Police Station-Gazipur, District-Lucknow (Commissionerate Lucknow), registered as Case Crime No. 0264 of 2025, under Sections 115(2), 351(2), 127(2) and 333 of BNS.

7. Considered the submission of learned Counsel for the parties and perused the records.

8. Upon due consideration of aforesaid including the order dated 02.04.2025 passed 4 HABC No. 279 of 2025 by the Family Court, which indicates that at the time of moving of application under Section 125 Cr.P.C. and also on the date of passing of order dated 02.04.2025, the custody of Aditri Shree alias Aditri Srivastava, was with Gunjan Srivastava and also the contents of FIR(Case Crime No. -0264/2025), it is apparent that the opposite party no.5/Lallan Yadav took the custody of petitioner no.1, forcibly, this Court is of the view that indulgence of this Court is required in the matter.

9. Accordingly, the present petition is allowed. The custody of Aditri Shree alias Aditri Srivastava, would be remained with Gunjan Srivastava and visiting rights would be available to the opposite party no.5, as was provided to opposite party no.5 by this Court vide order dated 12.08.2025.

10. The opposite party no.5/Lallan Yadav is at liberty to pursue the remedy already availed in terms of Guardian and Wards Act, 1890, which shall be decided on its own merits. October 31, 2025 Jyoti/- (Saurabh Lavania,J.) JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench