“Welfare of the Child is Paramount," Rules Allahabad High Court in Custody Dispute

Father's Habeas Corpus Petition Dismissed; Court Emphasizes Lawful Custody with Mother - The Allahabad High Court has dismissed a habeas corpus petition filed by Shiv Singh, seeking custody of his minor child currently with the child’s mother. The judgment, delivered by Hon’ble Dr. Yogendra Kumar Srivastava, J., emphasizes that the mother's custody is lawful and underscores the welfare of the child as the paramount consideration in such cases.

The case involves Shiv Singh, the petitioner, who filed a habeas corpus petition seeking custody of his minor child, currently under the care of the child's mother, respondent no. 5. The couple was married on May 3, 2018, and the mother left for her maternal home on August 10, 2018. The child was born on January 11, 2019, during the mother's stay at her maternal home, where she has remained with the child ever since. The petitioner alleged that his father-in-law, respondent no. 4, has prevented him from meeting his son.

Legality of Custody: The court noted the continuous custody of the child by the mother since birth and found no evidence suggesting illegal alteration of this custody. "There is absolutely no material on record which may suggest that the custody of the petitioner no.1 (corpus) was taken away by the respondent no.5, from the petitioner no.2, at any point of time," the court observed.

Welfare of the Child: Emphasizing the welfare of the child, the court stated, "The principal duty of the Court in such matters is to ascertain whether the custody of the child is unlawful and illegal and whether the welfare of the child requires that his present custody should be changed."

Scope of Habeas Corpus in Child Custody: The judgment highlighted the limited scope of habeas corpus petitions in child custody matters, noting, "Habeas corpus proceedings may not be utilized to justify or examine the legality of the custody. The power of the Court in granting the writ is qualified only in cases where detention of a minor is by a person not entitled to his/her legal custody."

Extraordinary Nature of Writ Jurisdiction: The court reiterated that the writ of habeas corpus is an extraordinary remedy, granted only on reasonable grounds. "In child custody matters, habeas corpus proceedings may not be utilized to justify or examine the legality of the custody."

Presumption of Lawful Custody: Given the continuous custody of the child by the mother, the court found no basis to presume it was illegal. "In a case such as this, where the custody of the minor child is with his biological mother ever since birth and there is no material to suggest that the custody was altered illegally, at any point of time, it may be presumed that the custody of the child with his mother is not, prima facie, unlawful."

Justice Srivastava remarked, "The role of the High Court in examining cases of custody of a minor, in a petition for a writ of habeas corpus, would have to be on the touchstone of the principle of parens patriae jurisdiction and the paramount consideration would be the welfare of the child."

The dismissal of the habeas corpus petition reinforces the judiciary’s stance on prioritizing the welfare of the child and upholding lawful custody arrangements. The petitioner, Shiv Singh, has been advised to seek guardianship and visitation rights through appropriate statutory proceedings. This judgment underscores the judiciary's cautious approach in altering custody arrangements and its commitment to the child's best interests.

Date of Decision: 17th May 2024