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Allahabad High Court

MASTER DIVYAM KUMAR AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

No substantive order on the custody claim was made; the matter was adjourned for further pleadings.

Summary

The petitioners filed a habeas corpus writ seeking custody of the minor child, Divyam Kumar, aged about five years. The State of U.P. and two private respondents were impleaded. The minor was produced before the court as per the order dated 16‑04‑2026. Counsel for the private respondents requested additional time to file an affidavit asserting facts that would deprive the petitioner of any custodial right. The court, noting the request, adjourned the matter, listed it as fresh for 14‑05‑2026 and directed the private respondents to produce the child again on the next hearing.

Issues considered

  • Whether the petitioner is entitled to custody/interest in the minor child under the habeas corpus petition

Subjects

  • habeas corpus
  • custody
  • minor child
  • adjournment
  • family law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                HABEAS CORPUS WRIT PETITION No. - 1102 of 2025

                                    Master Divyam Kumar And Another
                                                                                             .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)      : Priya Dubey, Ravi Jha, Sharadey
                                                                     Mishra
                                    Counsel for Respondent(s)      : G.A.

                                    Court No. - 53
                                                         HON'BLE SANDEEP JAIN, J.

                                    Vakalatnama filed by Sri Prakhar Saran Srivastava, learned counsel on
                                    behalf of Respondent Nos. 2 & 3, is taken on record.

                                    In compliance of order dated 16.04.2026, the minor, Divyam Kumar,
                                    aged about 5 years, was produced before this Court by Respondent Nos. 2
                                    & 3, namely Smt. Aruna Kumari and Surendra Kumar Prashad. The
                                    petitioner, Man Mohan Kumar Mahto, is also present.

                                    Learned counsel for the private respondents submits that he requires time
                                    to file an affidavit setting forth certain facts which, according to him,
                                    disentitle the petitioner from claiming the custody/interest of his minor
                                    son.

                                    In view of the above, the matter is adjourned.

                                    List the matter as fresh on 14.05.2026.

                                    The private respondents are directed to produce the minor child on the
                                    next date of hearing.



                                                                                           (Sandeep Jain,J.)
                                    April 29, 2026
                                    Himanshu




Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad


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