Allahabad High Court
YUVARAJ AND 2 OTHERSversusSTATE OF UP AND 8 OTHERS
- Decided
Holding
The court restored the habeas corpus petition for merits‑based determination and ordered the parties to submit affidavits on income, assets and child‑welfare plans.
Summary
The Allahabad High Court restored a habeas corpus petition filed by the mother, Smt. Swati Bhartiya, seeking custody of her minor children Yuvaraj and Ayushman after a special appeal overturned an earlier order that had justified the father's transfer of custody to his sister and her husband. The court noted that the father, Satish Singh, currently has custody of Yuvaraj, while the sister and brother‑in‑law have custody of Ayushman. Since cohabitation between the parents was deemed unlikely, the court directed both parties to file affidavits disclosing their income, assets, and plans for the children’s welfare. The matter was listed for fresh hearing on 13 May 2026, with the petition to be decided on its merits.
Issues considered
- Whether the father’s transfer of custody of the minors to his sister and her husband is lawful.
- Whether the mother is entitled to custody of the minors under child‑welfare principles.
- Whether cohabitation between the parents is possible and its impact on custody.
- How the welfare of the minors should be assessed under applicable law.
Subjects
- custody
- habeas corpus
- child welfare
- family law
- special appeal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 670 of 2025
Yuvaraj And 2 Others
.....Petitioner(s)
Versus
State Of Up And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pushpendra Kumar, Ramdhan
Counsel for Respondent(s) : Ajay Kumar, Ankit Agarval, G.A., Ram
Prakash
Court No. - 53
HON'BLE SANDEEP JAIN, J.
1. Heard learned counsel for the petitioners and learned counsel for
respondent nos.4 to 9.
2. By order dated 03.04.2026, this Court has justified the action of
respondent no.5 Satish Singh, who is the father of the corpus Yuvaraj and
Ayushman, for transferring their custody to respondent nos.8 & 9 and
thereby dismissed the habeas corpus writ petition, which was filed by the
petitioner Smt. Swati Bhartiya, the mother of the corpus, for taking the
custody of her minor children Yuvaraj and Ayushman.
3. The above order of this Court dated 03.04.2026 was challenged by the
petitioners by filing Special Appeal No.462 of 2026 (Yuvaraj and others
vs. State of UP and others), which has been allowed by a Division Bench
of this Court on 28.04.2026, whereby the habeas corpus writ petition has
been restored to its original number and as such, now the petition is to be
decided on merits, in accordance with law.
4. Learned counsel for the petitioners submits that the minor Yuvaraj is in
the custody of his father respondent no.5, whereas the minor Ayushman is
in the custody of respondent nos.8 & 9, who are the sister and husband of
the sister of respondent no.5.
5. Learned counsel for the petitioners expressed petitioners' desire to
cohabit with respondent no.5.
HABC No. 670 of 2025
2
6. Learned counsel for the respondent no.5 submits that there are no
chances of cohabitation, keeping in view the conduct of the petitioner,
Smt. Swati Bhartiya.
7. Since, there is no chance of cohabitation between the petitioner no.3
Smt. Swati Bhartiya and respondent no.5 Satish Singh, as such, this Court
has to examine in whose care and custody the welfare of the minor can be
better ensured.
8. In view of this, the parties are directed to file their respective affidavits
disclosing their income, assets and how they will ensure the welfare of the
minor corpus.
9. Respondent nos.8 & 9 are also directed to file their respective affidavits
disclosing how they will ensure the welfare of the minor corpus.
10. List this matter on 13.05.2026, as fresh.
(Sandeep Jain,J.)
May 4, 2026
Jitendra
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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