IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.589 of 2010 NILMANI TIWARI,S/O Parmanand Tiwari, R/O Village & P.O. Rahimpur, P.S. Vidhupur District- Vaishali, at present serving at Sulabh International, Thane, P.S. Thane, District- Thane, Maharashtra..........................Petitioner. Versus 1. The State of Bihar. 2. Malti Devi, W/O Rajendra Ojha. 3. Rajendra Ojha S/O Kishun Ojha, R/O Village & P.O. Jasauli Pakri, P.S. Kaithi, District-Muzaffarpur. 4. Abhishek Tiwari. 5. Ankit Tiwari. Both sons of Nilmani Tiwari(Minor children of petitioner) at present under the illegal custody of respondent no. 2 and 3). 6. The Superintendent of Police, Muzaffarpur. 7. The Officer-in-charge, Kaithi Police Station, District-Muzaffarpur. ..............Respondents. ----------- 02. 29.06.2010. We have heard the counsels for the Petitioner and the State. The petitioner is the father of respondent nos. 4 and 5 who are stated to be both minors. The marital relationship between the petitioner and his wife soured when she returned to her parental home. She is stated to have been deceased on 16.05.2007. The minor children are residing with the maternal grand parents. The petitioner as their father, seeks custody of his children. We are not persuaded that the present is a Habeas Corpus matter, raising issues of illegal detention of a person contrary to law. In essence the reliefs sought for by the petitioner is under the Hindu Minority and Guardianship Act,1956. 2 We dispose off this application declining interference and simultaneously granting liberty to the petitioner to avail his remedy under the Hindu Minority and Guardianship Act,1956, if so advised. If the petitioner files any application thereunder, the same shall be considered and disposed off on its own merit and in accordance with law without being prejudiced or influenced in any manner by our reluctance to interfere in the present proceedings. U.K. (Navin Sinha,J) (Dinesh Kumar Singh,J)