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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Rinku Ram @ Rinku Devi – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The supplementary rejoinder affidavit has been filed in Court today and is taken on record.
2. Heard Shri K.K. Mishra, learned counsel for the petitioners, and Shri Rakesh Pande, learned Senior Advocate, assisted by Shri Ram Kesh, learned counsel for respondent no.6.
3. The instant dispute concerns the custody of the minor corpus, Vishwajeet, who is approximately 21 months old and is presently in the custody of his father, respondent no.6, Dharmendra Ram, a constable in the U.P. Police posted in District Jaunpur.
4. Earlier, by order dated 06.11.2025, a Coordinate Bench of this Court had dismissed the instant writ petition on the ground that the parties could seek custody of the minor under the Guardian and Wards Act, 1890. That order was challenged by the petitioner by filing Special Appeal No.1205 of 2025 (Smt. Rinku Ram @ Rinku Devi & Anr. v. State of U.P. & Ors.), which was allowed by a Division Bench of this Court vide order dated 03.04.2026, and the matter has been restored to its original number for adjudication on merits.
5. The Division Bench after considering the various precedents of the Apex Court has concluded that in a habeas corpus petition f
The welfare of the child is the decisive factor for the claim of custody, and the court should strike a balance between the welfare of the child and the rights of the parents over the child.
The welfare of the child is the paramount consideration in determining custody, and the writ of habeas corpus is maintainable in child custody matters where the detention of a minor child by a parent....
Court emphasizes the welfare of the child in custody matters while maintaining jurisdictional limits.
Point of law: Custody of child – Unlawful and illegal custody - A writ of habeas corpus, as has been consistently held, though a writ of right is not to be issued as a matter of course, particularly ....
Point of law: Custody of child - In a child custody matter, a writ of habeas corpus would be entertainable where it is established that the detention of the minor child by the parent or others is ill....
The extraordinary remedy of a prerogative writ of Habeas Corpus can be availed in exceptional cases where the ordinary remedy provided by the law is either unavailable or ineffective, and the welfare....
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