Allahabad High Court
AMAN KHANDELWAL AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
A father, as a natural parent, is entitled to reasonable visitation rights even when the child remains in the mother's custody.
Summary
The petitioners, Aman Khandelwal and another, filed a habeas corpus petition seeking visitation rights to their 15‑month‑old daughter, Atharvi, who is in the custody of the respondent, Akansha Rawat, the mother, following a matrimonial dispute. The mother has left the matrimonial home, lodged an FIR against the petitioner, and is residing with her parents, refusing the petitioner access to the child. The petitioner does not seek custody, only reasonable visitation to meet and interact with his daughter. The Court examined whether a father, as a natural parent, can be granted visitation rights despite the child being with the mother. Considering the father's parental rights and the welfare of the child, the Court ordered that the petitioner be allowed visitation at the mother's residence or any mutually agreed place, and daily video‑conferencing between 6 pm and 9 pm. The State authorities and other respondents were directed to ensure compliance, and the habeas corpus petition was disposed.
Issues considered
- Whether a father who is not seeking custody is entitled to visitation rights over his minor child in the context of a matrimonial dispute.
- Whether a habeas corpus petition is an appropriate remedy to enforce visitation rights.
Subjects
- visitation rights
- father's rights
- minor child
- maternity dispute
- habeas corpus
- custody
- family law
- child welfare
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1260 of 2026
Aman Khandelwal And Another
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Divyanshi Joshi, Manvendra Singh
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
Learned counsel for the petitioners submits that the minor corpus, Km.
Atharvi, aged about 15 months, is the minor daughter of petitioner Aman
Khandelwal and was born out of the wedlock between the petitioner and
respondent no.4, Akansha Rawat. It is submitted that, due to matrimonial
discord, respondent no.4 has left her matrimonial home along with the minor
corpus and is presently residing separately. She is also not permitting the
petitioner to meet his minor daughter.
Learned counsel for the petitioner further submits that the petitioner is not
seeking custody of the minor corpus and only seeks visitation rights so as to
enable him to meet and interact with his minor daughter.
Per contra, learned A.G.A., on the basis of the instructions received, submits
that there is a matrimonial dispute between the petitioner and his estranged
wife, on account of which respondent no.4 has left the company of the
petitioner and is voluntarily residing with her parents along with the minor
corpus. Learned A.G.A. further submits that respondent no.4 has lodged an
F.I.R. against the petitioner and his relatives and is not willing to reside with
the petitioner.
I have heard learned counsel for the parties and perused the documents
annexed with the writ petition as well as the instructions received by learned
A.G.A.
It is apparent from the record that there is a matrimonial dispute between the
petitioner and his estranged wife, pursuant to which respondent no.4 has
lodged an F.I.R. against the petitioner and his relatives and is presently
residing separately with her parents at her parental home along with the
minor corpus. The minor corpus is presently in the custody of respondent
no.4. It is also apparent that the petitioner is not seeking custody of the
minor corpus and only seeks visitation rights to meet and interact with his
minor daughter.
Considering the facts and circumstances of the case, and keeping in view the
HABC No. 1260 of 2026
2
fact that the petitioner is the father of the minor corpus, this Court is of the
view that he is entitled to have reasonable visitation rights to meet and
interact with his minor daughter.
Accordingly, the petitioner is granted visitation rights. He shall be entitled to
meet the minor corpus as and when he desires, either at the residence of
respondent no.4 or at any other suitable place as may be mutually agreed
upon by the parties. The petitioner shall also be entitled to interact with the
minor corpus daily through video conferencing between 6:00 p.m. and 9:00
p.m.
The State authorities as well as respondents no.2 and 3 are directed to ensure
compliance with the aforesaid directions and to facilitate the petitioner's
meeting and interaction with his minor daughter.
Subject to the aforesaid observations and directions, the instant habeas
corpus petition stands disposed of.
(Sandeep Jain,J.)
September 9, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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