1. Habeas corpus petition regarding custody of a minor child after mother's suicide. (Para 1 , 2 , 3 )
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2026 Supreme(Online)(Tel) 19439
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Moushumi Bhattacharya, Gadi Praveen Kumar, JJ
Katta Vamsi Krishna – Appellant
Versus
State of Telangana – Respondent
WRIT PETITION No.18674 OF 2026
Important Points
In matters of child custody and Habeas Corpus for minors, the court prioritizes the child's expressed wishes and best interests, balancing the right of the parent to visit with the child's stability in their current care environment.
Subject
Family Law - Child Custody
Headnote
(A) Writ of Habeas Corpus - Guardianship of Minor - Determination of custody and visitation rights based on the best interests of the child and the child's own expressed wishes. (Para 4, 5)
(B) Visitation Rights - Balanced access - Directing weekly supervised meetings between a father and a minor child while maintaining the child's primary residence with maternal grandparents to ensure emotional stability. (Para 5, 6)
Issues: Whether the petitioner father is entitled to custody or visitation of the minor child currently in the care of maternal relatives.
(B) Visitation Rights - Balanced access - Directing weekly supervised meetings between a father and a minor child while maintaining the child's primary residence with maternal grandparents to ensure emotional stability. (Para 5, 6)
Issues: Whether the petitioner father is entitled to custody or visitation of the minor child currently in the care of maternal relatives.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Yemmiganur Soma Srinath Reddy
For the Respondents: T.Ravi Kumar, Maddela Ravinder
For the Appellants/Petitioners: Yemmiganur Soma Srinath Reddy
For the Respondents: T.Ravi Kumar, Maddela Ravinder
Table of Contents
2. Petitioner seeks custody of child; maternal relatives resist, child expresses wish to stay with grandparents. (Para 4 )
3. Court interacted with child who expressed wish to stay with maternal grandparents but remain close to father. (Para 4 , 5 )
4. Child's welfare and unequivocal wish are paramount in determining custody and visitation arrangements. (Para 4 , 5 )
5. Disposed with direction for weekly supervised visitation of child with father at designated venue. (Para 5 , 6 )
6. What is the paramount consideration in custody disputes involving a minor child?
The child's welfare and unequivocal wish are paramount, as determined through in-chamber interaction with the court. (Para 4 , 5 )
7. Can visitation rights be ordered in a habeas corpus petition for custody?
Yes, the court can order supervised visitation arrangements when the child's welfare and express wishes support such a direction. (Para 5 , 6 )
ORDER :
(Per Hon’ble Justice Moushumi Bhattacharya)
1. The present Writ Petition has been filed for a Writ of Habeas Corpus.
2. The petitioner is the father of the alleged detenu, who is a minor boy of 2½ years. The respondent Nos.5, 6 and 7 are the maternal grandmother, maternal grandfather and maternal uncle of the alleged detenu.
3. The mother of the alleged detenu/petitioner’s wife committed suicide on 18.04.2026. The Court is informed that the alleged detenu has been living with the respondent Nos.5, 6 and 7 from that date. The Court is further informed that the petitioner was granted anticipatory bail on 29.05.2026 in Criminal Petition No.7458 of 2026 filed by the petitioner.
4. Considering the submissions made on behalf of the parties, we deemed it fit to interact with the minor child, the petitioner/father and the maternal grandmother in chambers. The minor child expressed his wish to be in close contact with the petitioner/his father but stay with the respondent Nos.5 and 6/his maternal grandparents.
5. Considering our interaction with the parties in person and the unequivocal wish of the alleged detenu, we deem it fit to ensure that the alleged detenu meets the petitioner/his father every week for two hours, somewhere close to the respondent Nos.5 and 6/his maternal grandparents’ house. The meeting shall be in the presence of a relative of the alleged detenu from his mother’s side but who is not a party to the present Writ Petition. We direct accordingly.
6. Learned counsel appearing for the parties submit that the meetings between the alleged detenu and the petitioner/his father can take place in the District Legal Service Authority at Ranga Reddy, situated within the premises of the District Court at Ranga Reddy District. Mr. Chaitanya, the maternal uncle of the alleged detenu, shall be personally present during these meetings. The respondents shall take the responsibility of bringing the alleged detenu for the meeting every week as stated above. The meetings shall start from the week beginning today i.e., 29.06.2026.
8. W.P. No.18674 of 2026, along with all connected applications, is disposed of in terms of the above. There shall be no order as to costs.
