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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Akshit Pandey (Minor) – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1.The present habeas corpus petition has been filed by the petitioner, Vipin Kumar Pandey, who is the father of the minor corpus, Akshit Pandey, seeking his custody.
2. In compliance with the order of this Court dated 03.04.2026, the corpus has been produced before this Court today by Sri Sanjay Kumar Singh, Sub-Inspector, Police Station Sarai Lakhansi, District Mau.
3. Learned counsel for the petitioner submits that the wife of the petitioner and mother of the corpus, namely Deepika Pandey, died on 10.02.2025. It is further submitted that since then, the corpus is in the custody of respondent Nos. 4 and 5, who are the maternal aunt and uncle of the corpus. It is contended that the petitioner, being the natural and legal guardian, is entitled to the custody of the minor. It is further submitted that the petitioner is financially sound and fully capable of maintaining the minor and ensuring his proper upbringing. Therefore, there exists no legal justification to deny custody of the minor to the petitioner.
4. It is also submitted that the petitioner’s sister, Smt. Sunita Pandey, who resides in close proximity to the petitioner’s residence, is a housewife and i
Natural guardians of child have right to custody of child, but that right is not absolute and courts are expected to give paramount consideration to welfare of minor 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....
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....
Custody of minor - Petitioner being father of the minor and natural guardian in terms of Section 6 of the Act of 1956 would be entitled to custody of the minor particularly since it is admitted that ....
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....
Point of Law : It is only in exceptional cases, the rights of the parties to the custody of the minor will be determined in exercise of extraordinary jurisdiction on a petition for habeas corpus.
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