Allahabad High Court
ZIYAN AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Since the spouses have reconciled and the father has undertaken to care for the minor, there is no dispute to adjudicate and the habeas corpus petition is disposed.
Summary
The petitioners sought a habeas corpus writ to compel the State and respondents to produce the minor, Ziyan, who was in the custody of his father, Waseem Akram. The court personally interacted with the child, his mother Gulshan Khatoon, and his father, learning that the underlying dispute was matrimonial and that the spouses had amicably reconciled. The mother expressed willingness to reside with her husband provided she is treated with honour and dignity, and the father undertook to care for the child and ensure his proper upbringing. In view of the reconciliation and the father's undertaking, the court found no remaining custody dispute to adjudicate. Accordingly, the habeas corpus petition was disposed of, with the parties directed to resume harmonious cohabitation.
Issues considered
- Whether the habeas corpus petition for the custody of the minor is maintainable in view of the marital reconciliation of the parents
- Whether the court should order the return of the minor to his father in the absence of a custody dispute
Subjects
- habeas corpus
- custody of minor
- matrimonial dispute
- reconciliation
- family law
- undertaking
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1240 of 2026
Ziyan And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Haseen Ahmad, Sipte Husain
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Counter affidavit filed on behalf of respondent no. 4 is taken on record.
2. By order dated 31.08.2026, the State as well as respondent no.4 were
directed to produce the corpus, Ziyan, before this Court. In compliance
with the said order, the corpus has been produced by S.I. Neeraj Kumar,
PNO No. 882290197, and Constable Akash Kumar, PNO No. 182402050,
Police Station Mandi Dhanaura, District Amroha.
3. This Court interacted with the corpus, Ziyan, who disclosed that he is
about 10 years of age, is studying in Class VII and is presently residing
with his father, Waseem Akram. He further stated that he is comfortable
in the company of his father.
4. This Court also interacted with the petitioner, Gulshan Khatoon, who
submitted that she is willing to reside with her husband, Waseem Akram,
provided that she is treated with honour, dignity and respect in her
matrimonial home. The respondent-husband has agreed to the said
condition.
5. This Court also interacted with the respondent-husband, Waseem
Akram, who submitted that he is willing to reside with his estranged wife
in their matrimonial home. He further submitted that the corpus is
presently in his custody and that he is taking due care of him.
6. Upon interacting with the parties, this Court is of the opinion that there
HABC No. 1240 of 2026
2
was a matrimonial dispute between the petitioner and her husband,
Waseem Akram, which has now been amicably resolved. The petitioner is
willing to reside with her estranged husband in their matrimonial home.
Thus, no dispute regarding the custody of the minor corpus remains to be
adjudicated at this stage.
7. The respondent-husband has given an undertaking before this Court
that he shall keep his estranged wife with honour, dignity and respect and
shall not commit any act which may give her any occasion for grievance.
He has further undertaken that he shall take due care of the corpus and
make all efforts to ensure his proper upbringing and education so as to
enable him to become a responsible and respectable citizen of the country.
8. The petitioner-wife, Gulshan Khatoon, has agreed to accompany her
husband from the Court today itself.
9. The petitioner-wife has also undertaken that she shall withdraw the
cases instituted by her against her estranged husband and his family
members.
10. In view of the aforesaid facts and circumstances, since the spouses
have agreed to reside together harmoniously in their matrimonial home,
the instant habeas corpus petition is disposed of in terms of the aforesaid
directions and undertaking.
(Sandeep Jain,J.)
September 14, 2026
Jitendra
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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