The Allahabad High Court has observed that the balanced and complete development of a minor child requires the love, care, and companionship of both parents, and that a father cannot be deprived of access to the child merely because the child ordinarily lives with the mother. Proceeding on this principle, the Court granted the father the right to keep the child with him during vacations and school holidays.
The order was passed by Justice Sandeep Jain in the Habeas Corpus Writ Petition filed by Abhilash Mohta concerning the custody and visitation rights of minor corpus Km. Istika.
The Court was informed that the child’s mother, Shruti Mohta, had produced the child before the Court in compliance with an earlier direction issued on April 27, 2026.
During interaction with the child, the Court noted that she leveled allegations of assault against her father as well as her paternal grandmother and aunt.
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However, after carefully assessing her responses and demeanor, the Court recorded its prima facie opinion that the child appeared to be “substantially tutored” and was merely repeating what had been inculcated in her by her mother rather than expressing her own independent wishes.
The Court thereafter interacted with the child’s paternal grandmother, Indra Devi, and paternal aunt, Sapna Jajoo. It found that their conduct and interaction with the child reflected deep affection and a genuine emotional bond.
The aunt informed the Court that she runs an educational institution in Charama, District Kanker, Chhattisgarh, where around 700 students study up to Class XII, and assured the Court that the child’s safety, education and overall welfare would be properly looked after during vacation periods.
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The Court further observed that the marriage between the parties had already come to an end pursuant to a decree of divorce dated March 10, 2026, passed by the Principal Judge, Family Court, Bareilly, under Section 13-B of the Hindu Marriage Act.
However, the issue of permanent custody of the child had not been conclusively settled in the mediation agreement.
Counsel for the mother relied upon observations made in the Family Court’s divorce judgment to contend that the father had agreed that the child would remain with the mother.
However, the High Court clarified that such an observation could not be interpreted to mean that the father stood divested of his natural right to access, companionship, and temporary custody of his daughter, particularly during vacations and holidays.
Emphasizing the paramount consideration of the welfare of the child, the Court held that maintaining a meaningful relationship with both parents is indispensable for the emotional stability and personality development of a minor.
It accordingly directed that the father would be entitled to meet the child and keep her with him during school vacations after prior intimation to the mother, with the child to be returned after the vacation period ends.
The Court also directed both parties to ensure that when the child remains with one parent, the other parent must be granted reasonable access through physical meetings, telephone calls, and internet-based communication. It cautioned that neither side should create any obstruction in facilitating such interaction and disposed of the petition with these directions.
Case: Km. Istika (Minor Aged About 8 Years) And Another vs State Of U.P. And 5 Others
Case No.: Habeas Corpus Writ Petition No. – 472 of 2026
Date of Order: 06.05.2026
Status: Disposed of
