Custody Of Child Cannot Continue Without Court Order, Even If Child Went Willingly: MP High Court Restores Custody To Mother
The Madhya Pradesh High Court has restored the custody of a 7-year-old girl to her mother, after observing that the father cannot keep the child in his custody, even if the child went willingly, in the absence of a court order. A habeas corpus writ petition was filed by a mother seeking production of his 7-year-old daughter and her husband (respondent no 4). Per the wife, their daughter had...
The Madhya Pradesh High Court has restored the custody of a 7-year-old girl to her mother, after observing that the father cannot keep the child in his custody, even if the child went willingly, in the absence of a court order.
A habeas corpus writ petition was filed by a mother seeking production of his 7-year-old daughter and her husband (respondent no 4).
Per the wife, their daughter had been residing with her since birth and has never resided with her husband. She further claimed that on May 27, 2026, her husband took the child to spend time and assured her that he would return the child shortly. However, it was alleged that he took the child and is keeping her forcibly in his custody.
The husband, who appeared in person, did not deny that their daughter had been living with his wife since birth. Further, he admitted that he had no court order for the delivery of custody in his favour. He, however, claimed that his daughter willingly accompanied him to meet her grandmother, and hence, this is not a case of forceful abduction.
The State produced the child, who, upon questioning by the court, informed of her wish to live with her mother and not the father.
After considering the submissions, the division bench of Justice Pranay Verma and Justice Jai Kumar Pillai observed:
"The corpus has been produced by learned counsel the respondent/State and we have inquired from her as regards her wish of residence. The corpus is seven years of age and has unequivocally stated that she wishes to reside with her mother and does not wish to reside with respondent No.4. Even if the explanation of respondent No.4 is considered then also it cannot be said that he has obtained the custody of corpus legally which hence cannot be permitted to continue".
Therefore, the court directed the State to hand over the custody of the child to the mother. However, to protect the rights of the father, the court directed the mother to ensure that the child speaks to the father whenever she wishes to.
Thus, the petition was disposed of.
Case Title: PS v State of Madhya Pradesh, WP-19596-2026
For Petitioner: Advocate Shashwat Awasthi
For Respondent no 4: Advocate Hemant Namdeo
For State: Government Advocate Ajay Ojha