Court affirms minor's wish to reside with mother, directs father to seek legal remedies for custody.
In a significant ruling, the Madhya Pradesh High Court has directed that custody of a minor child be returned to her mother, Priyanka Shrivastav, in a habeas corpus petition filed against the father, Respondent No.4. The court made this decision after the minor, a seven-year-old girl, expressed her unequivocal wish to reside with her mother.
The case was heard by a Division Bench at Jabalpur, comprising Justice Pranay Verma and Justice Jai Kumar Pillai. The petitioner, Priyanka Shrivastav, contended that her daughter had been residing with her since birth. However, on May 27, 2026, the father allegedly took the child under the pretext of a short visit and failed to return her.
The father, appearing in person, could not dispute that the child had been living with her mother from birth. He argued that the child had willingly accompanied him to visit her grandmother, negating any claims of forceful abduction. Despite his explanation, the court observed that the father lacked any legal authority to retain custody.
During the proceedings, the court interacted with the child, who firmly expressed her desire to stay with her mother, further supporting the mother's petition. The court emphasized that the father's custody of the child, obtained without legal authority, could not be allowed to continue.
The Bench ordered the custody of the child to be returned to the mother immediately, with the condition that the child maintains contact with her father. The court also granted the father the liberty to pursue legal remedies regarding custody.
This decision highlights the court's commitment to upholding the minor's wishes and the importance of legal authority in matters of child custody.
Bottom line:-
Habeas Corpus - Custody of minor child - Minor child, aged 7 years, unequivocally expressed her wish to reside with her mother - Custody of child obtained by father forcibly or without legal authority cannot be permitted to continue - Custody directed to be handed over to the mother, with liberty to the father to seek legal remedies regarding custody.
Statutory provision(s): Habeas Corpus, Custody of Minor Child
