Allahabad HC Grants Custody Of Minor To Father; Cites Mother’s Failure To Seek Legal Recourse As She Fled With Another Person
Suraj Kumar filed the habeas corpus plea seeking custody of his wife, Jagriti, and their minor son, Yash Kumar.
The Allahabad High Court, while partly allowing a habeas corpus plea, directed the custody of a minor child to his father, Suraj Kumar (Petitioner No. 3).
The Court observed that the mother, Jagriti (Petitioner No. 1), had acted irresponsibly by leaving her marital home with another individual without seeking a formal divorce.
Court’s Observations
The Single Bench of Justice Saurabh Srivastava emphasized the importance of securing the future of the minor child, Yash Kumar (Petitioner No. 2).
The Bench remarked, "The future of a minor child, a budding citizen of this glorious country, cannot be permitted to be taken care of by such a mother who fled away with a person without having proper recourse of law in the shape of seeking divorce from the father."
Background
Suraj Kumar filed the habeas corpus plea seeking custody of his wife, Jagriti, and their minor son, Yash Kumar. He alleged that they were in the illegal custody of Respondent No. 7.
During the hearing, Jagriti admitted that Yash Kumar was the biological son of Suraj Kumar but claimed that she was residing with Respondent No. 7 of her own free will. She also acknowledged that she had no source of income to support her child.
Counsel for the father argued that Suraj Kumar had adequate financial means to ensure the child’s well-being and that leaving the child in the custody of the mother, under such circumstances, would jeopardize his future.
Court’s Decision
Taking into account the submissions and the mother’s failure to provide a stable environment, the Court directed the Sub-Inspector who brought the child to court to immediately hand over custody to the father after verifying his identity.
The Court underscored the need to prioritize the child’s welfare, stressing that his future could not be left in uncertainty due to the mother’s actions.
Conclusion
The habeas corpus petition was partly allowed, granting custody of the minor child to his father while reiterating the importance of securing a stable upbringing for the child. "In view of the aforesaid facts and circumstances, S.I. Rahul Kumar Rana who produced the corpus before this Court, is hereby directed to ensure handover the custody of Yash Kumar to his father/petitioner no.3, namely Suraj Kumar son of Niranjan, resident of House No.31/230, Ashok Gali Rawali, P.S. Rakabganj, District Agra, forthwith by way of verifying the identity of petitioner no.3 through his counsel. Accordingly, present petition is allowed partly," the Court ordered.
Cause Title: Jagriti And 2 Others v. State Of Up And 6 Others [Neutral Citation No. 2025:AHC:10940]
Appearance:-
Petitioner: Advocates Mayank Prakash Rawat, Surendra Kumar
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