ABU TURAR AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           HABEAS CORPUS WRIT PETITION No. - 1201 of 2026

Abu Turar And Another
                                                            .....Petitioner(s)
                                  Versus

State Of U.P. And 6 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)                      :    Mahesh Kumar
Counsel for Respondent(s)                      :    G.A.

Court No. - 73
                     HON'BLE SANDEEP JAIN, J.

1. Sri Neeraj Kumar Pandey, learned Advocate, has filed his vakalatnama
on behalf of respondent nos.4 to 7 along with short counter affidavit filed
on behalf of the respondents and the supplementary affidavit filed on
behalf of the petitioner, which are taken on record.

2. By order dated 20.08.2026, the State as well as respondent nos.4 to 7
were directed to produce the corpus, Abu Turar, aged about four and a
half years, before this Court. In compliance with the said order, the corpus
has been produced before the Court by Sub-Inspector Swapnil, PNO No.
231235820, and Constable Arshad Khan, PNO No.244130046, Police
Station Jajmau, District Kanpur.

3. This Court could not interact with the minor corpus, Abu Turar, as he is
of very tender age. However, it was apparent from his conduct that he
shares a strong emotional bond with his maternal grandmother and
maternal uncle and appeared to be comfortable in their company.

4. This Court also interacted with the petitioner, Zohair Alam, who
disclosed that he is working as an air-conditioning/fridge mechanic and
earns approximately Rs.25,000/- per month. He further disclosed that,
after the death of his first wife, Smt. Tahzeeb Fatima, on 20.02.2022, he
solemnized a second marriage with Smt. Shah Bano. He assured the Court
that he would take proper care of the corpus, provide him education in a
decent school and make every endeavour to ensure that he grows up to
become a responsible citizen of the country.
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5. This Court also interacted with the second wife of the petitioner, Smt.
Shah Bano, who gave an undertaking that she will take proper care of the
corpus as her own child, ensure his education in a decent school and
provide him with proper love, affection and upbringing.

6. This Court also interacted with respondent no.4, Smt. Tanzeem Fatima,
who is the maternal grandmother of the corpus. She disclosed that she is
not earning anything, that her husband has already expired and that she is
dependent upon her sons for her livelihood. She stated that, being the
maternal grandmother of the corpus and having his custody since infancy,
she is entitled to retain the custody of the minor corpus. She has also
admitted that she has not instituted any criminal case for the untimely
death of her daughter, who was the wife of the petitioner.

7. This Court further interacted with respondent no.5, Anshu, respondent
no.6, Raju and respondent no.7, Pappu, who are the sons and other
relatives of respondent no.4. They disclosed that they are employed in
private jobs and earn approximately Rs.15,000/- to Rs.20,000/- per
month.

8. Upon interaction with the parties and consideration of the material
placed on record, it is apparent that the petitioner, Zohair Alam, is the
biological father of the corpus and has sufficient financial capacity to
maintain and educate him in a decent school. He has also solemnized a
second marriage, and his second wife has categorically undertaken before
this Court that she will treat the corpus as her own child and take proper
care of him.

9. The petitioner does not suffer from any disqualification which would
disentitle him from having the custody of the minor corpus. On the
contrary, having regard to the financial capacity of the petitioner, his
relationship with the corpus and the undertaking furnished by his second
wife, this Court is of the considered opinion that handing over the custody
of the minor corpus to the petitioner would be conducive to his welfare.

10. Accordingly, the custody of the minor corpus, Abu Turar, is handed
over to the petitioner, Zohair Alam. However, in order to preserve and
maintain the emotional bond of the corpus with his maternal grandmother,
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                                    maternal uncle and other family members, the private respondents shall
                                    have visitation rights.

                                    11. The private respondents shall be at liberty to meet the minor corpus at
                                    the residence of the petitioner as and when they so desire, after giving
                                    prior intimation to the petitioner. They shall also be entitled to interact
                                    with the minor corpus through video conferencing on a mobile phone
                                    between 6:00 p.m. and 9:00 p.m. on a daily basis.

                                    12. With the aforesaid observations and directions, the instant habeas
                                    corpus writ petition is disposed of.



                                                                                             (Sandeep Jain,J.)
                                    September 11, 2026
                                    Jitendra




Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad