Allahabad High Court
RADHEY SHYAM AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the minor shall remain in the custody of his mother, while the father is entitled to visitation and daily video/phone communication, but not custody.
Summary
The High Court entertained a habeas corpus petition filed by the father, Radhey Shyam, seeking custody of his six‑year‑old son Sani, who was residing with his mother, Sarita Devi, in Pune. After personally interacting with the mother, the child, and the father, the Court observed that the child was well‑settled, emotionally attached to his mother, and receiving proper care and education. Considering the child's tender age and welfare, the Court declined to disturb the existing custody arrangement. However, it recognized the father's right to maintain a relationship with the child and ordered visitation at the mother's residence and daily video/phone communication between 6 pm and 9 pm. The visitation must not interfere with the child's education, health, or emotional well‑being. Consequently, the habeas corpus petition was disposed of.
Issues considered
- Whether the father is entitled to custody of the minor child under the habeas corpus petition
- Whether the existing custody with the mother should be disturbed in view of the child's welfare
- What visitation and communication rights, if any, should be granted to the father
Subjects
- custody
- child welfare
- habeas corpus
- visitation rights
- parental rights
- minor
- family law
- guardianship
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1223 of 2026
Radhey Shyam And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aqueel Ahmad, Kripa Shankar Tiwari
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
By order dated 03rd September, 2026, the State was directed to produce
the corpus, Smt. Sarita Devi, along with her minor son Sani, before this
Court. In compliance with the aforesaid order, they have been produced
before the Court by Sri Akash Sen, Sub-Inspector, and Ms. Monika
Singh, Lady Sub-Inspector, Police Station Airport, District Prayagraj.
This Court interacted with the corpus, Smt. Sarita Devi, who stated that,
on account of the cruelty and harassment allegedly meted out to her by
the petitioner, Radhey Shyam, in her matrimonial home, she left the
matrimonial home and is presently residing at Pune, Maharashtra, with
respondent No. 4, Sonu, along with her minor son Sani. She further stated
that the minor is studying in Class I at Pune and that she is properly
taking care of him and attending to all his needs.
From the demeanour and conduct of the minor corpus, Sani, it was
apparent that he shares a strong emotional bond with his mother. This
Court also interacted with the minor corpus, who is aged about six years.
He engaged in a frank and spontaneous interaction with the Court and
appeared sufficiently aware of his surroundings. He disclosed that he is
studying in Class I and is comfortable residing with his mother. He
further expressed his unwillingness to reside with his father, while stating
that he desires the company of his two siblings, who are presently
residing with the petitioner, Radhey Shyam.
The interaction with the minor and his overall demeanour and conduct
HABC No. 1223 of 2026
2
indicate that he is emotionally attached to his mother and is presently
comfortable and well settled in her care.
This Court also interacted with the petitioner, Radhey Shyam, who
acknowledged his matrimonial relationship with Smt. Sarita Devi and
stated that three children were born out of their wedlock, namely, two
sons and one daughter. He submitted that one son and one daughter are
presently in his custody, whereas the minor corpus, Sani, is residing with
his mother. He further stated that he does not wish to reside with his
estranged wife in their matrimonial home, particularly as she is presently
residing with respondent No. 4, Sonu. Nevertheless, he claimed custody
of the minor corpus on the ground that he is his father.
Having regard to the statements of the parties, the interaction with the
minor corpus and his demeanour and conduct, it is apparent that the minor
is presently residing comfortably with his mother at Pune, Maharashtra, is
pursuing his education there and is being properly looked after by her.
Considering his tender age, his emotional attachment with his mother, his
present educational environment and overall welfare, this Court is not
inclined, at this stage, to disturb his existing custody and hand him over to
the petitioner.
At the same time, this Court is of the considered view that the minor
should continue to have an opportunity to maintain and develop an
emotional bond with his father. The welfare of the minor also warrants
that his relationship with both parents be preserved, as far as the
circumstances permit. Accordingly, the petitioner, Radhey Shyam, shall
be entitled to meet the minor corpus, Sani, at the residence of Smt. Sarita
Devi at Pune, Maharashtra, as and when he desires, subject to mutual
convenience and without causing any disturbance to the peace and
privacy of the parties.
The petitioner shall also be entitled to interact with the minor corpus daily
through video conferencing or mobile communication between 6:00 p.m.
and 9:00 p.m., in a manner conducive to the welfare, comfort and routine
of the minor.
The aforesaid visitation and interaction rights shall be exercised in a
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3
manner that does not adversely affect the minor's education, health,
routine or emotional well-being.
With the aforesaid observations and directions, the present habeas corpus
petition stands disposed of.
(Sandeep Jain,J.)
September 24, 2026
Himanshu
Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad
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