Hon’ble Anil Kumar, J.—We have heard Sri Murli Manohar Srivastava, learned counsel for appellant, learned Standing Counsel and Sri P.K. Punhani, learned counsel for respondent.

2. Smt. Sudha Singh,the mother of Km. Riya Singh filed a writ petition under Article 226 of the Constitution of India in the nature of Habeas Corpus for custody and welfare of minor girl Km. Riya Singh on the facts that she married with Sri Mahabeer Singh as per Hindu rituals on 9.12.2000, out of their wedlock, a daughter born on 25.9.2005, namely, Kumari Riya Singh. Thereafter, the relation between them had become strange, as a result of which they started living separately and Kumari Riya Singh is under the custody of his father Sri Mahabeer Singh, so the custody of minor may be given to her.

3. Learned Single Judge on 25.5.2011 passed an order in the said matter (Habeas Corpus No. 288 of 2011 Riya Singh v. State of U.P. and others), relevant portion of the said order on reproduction reads as under :

“During course of introduction, I find her very much innocent. Therefore, looking into welfare of the child, I hereby issue direction to her parents to keep her in the Boarding School for her continuous s