Allahabad High Court
DEEPANJALI (CORPUS) AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Ram Devi has no legal right to custody of Deepanjali and custody is ordered to be transferred to petitioner Arjun Singh.
Summary
The petitioners filed a habeas corpus petition to compel the production of the minor child Deepanjali, who was being kept in the custody of a woman named Ram Devi. The Court examined the relationship between Ram Devi and the child and found that Ram Devi was not the biological mother nor the mother‑in‑law of the petitioner, Arjun Singh, and had no legal right to custody. Evidence showed that Deepanjali's mother, Khushbu Singh, had died in a road accident and that the petitioner, a private‑sector employee earning Rs.30,000 per month, was capable of maintaining the child, with his sister Seema Singh also willing to assist. The Court held that the petitioner Arjun Singh was the lawful custodian of Deepanjali and that Ram Devi could not claim visitation rights. Consequently, the Court ordered Ram Devi to hand over custody to Arjun Singh and disposed of the habeas corpus petition.
Issues considered
- Whether Ram Devi has any legal right to retain custody of the minor Deepanjali
- Whether the petitioner Arjun Singh is entitled to custody of the child after the death of his wife
- Whether Ram Devi is entitled to visitation rights over the child
Subjects
- habeas corpus
- child custody
- minor
- legal custody
- guardianship
- death of mother
- visitation rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 360 of 2026
Deepanjali (Corpus) And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Kumar Mishra, Saurabh
Mishra
Counsel for Respondent(s) : G.A., Ved Byas Mishra
Court No. - 53
HON'BLE SANDEEP JAIN, J.
Personal affidavits filed by the State are taken on record.
By order dated 04.05.2026, the State was directed to produce the minor
corpus, Deepanjali, aged about five years, before this Court. In
compliance with that order, the corpus has been produced by Sub-
Inspector Rakesh Verma, Lady Sub-Inspector Kiran Devi, and Lady
Constable Priti Tiwari, Police Station Nagar, District Barabanki.
The corpus was accompanied by a woman named Ram Devi, who
claimed to be the mother-in-law of the petitioner, Arjun Singh. However,
upon interaction with the Court, she accepted that she is not the mother of
the petitioner, Arjun Singh.
According to her, the mother of the corpus, Khushbu Singh, died in a road
accident on 12.09.2025. Prior to her death, Khushbu Singh had
solemnized marriage with her son, Shubham Pathak @ Rajkumar; hence,
she claimed that she became the mother-in-law of the deceased Khushbu
Singh.
From the documents annexed to the petition, it is apparent that for
claiming compensation for the untimely death of Khushbu Singh, a claim
petition has been filed before the M.A.C.T., Barabanki, on behalf of the
alleged mother-in-law Ram Devi, father-in-law Ramvijay Pathak,
husband Shubham Pathak @ Rajkumar, and daughter Deepanjali.
It is apparent that Ram Devi is not related in any manner to the corpus
Deepanjali, yet she is holding her custody on the ground that Khushbu
Singh had allegedly solemnized marriage with her son, Shubham Pathak
HABC No. 360 of 2026
2
@ Rajkumar, which is wholly doubtful.
Smt. Ram Devi accepted before the Court that she is not the biological
mother of the petitioner Arjun Singh, but she accepted that the corpus is
the daughter of Arjun Singh. By no stretch of imagination could Ram
Devi be deemed to be the mother-in-law of the petitioner.
In view of the above facts, it is apparent that, although the corpus is in the
custody of Ram Devi, she is not entitled to her legal custody in any
manner whatsoever.
The Court also interacted with the petitioner, Arjun Singh, who disclosed
that he is employed in a private company and earns about Rs. 30,000/- per
month, from which he can maintain the corpus. He further disclosed that
his elder sister, Seema Singh, who is present in Court, will look after the
corpus. The Court also interacted with Seema Singh, who disclosed that
she has two children, aged about 6 and 9 years, and is therefore capable of
looking after the corpus and ensuring her welfare in every manner
possible.
In view of the above, this Court deems it appropriate to hand over the
custody of the corpus, Deepanjali, to the petitioner Arjun Singh, who is
lawfully entitled to her custody following the death of his wife, Khushbu
Singh, in a road accident on 12.09.2025.
Smt. Ram Devi is directed to hand over the custody of the corpus to the
petitioner, Arjun Singh. The Court inquired whether Smt. Ram Devi
desired visitation rights, but she declined, stating that she is not related to
the corpus and therefore has no reason to visit her.
Accordingly, the habeas corpus petition is disposed of.
(Sandeep Jain,J.)
May 7, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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