Neutral Citation No. - 2025:AHC:62003 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 101 of 2025 Petitioner :- Fahad Khan (Minor) And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shams Tabrez Ali Counsel for Respondent :- G.A.,Shibli Naseem Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned counsel for respondent No. 4, learned A.G.A. for the State, and perused the material on record. 2. In compliance with this Court's previous order dated 21.03.2025, petitioner nos. 1 to 3 (minor children), along with their father–respondent No. 4, are present before this Court and has been identified by their mother. 3. Upon interaction with the parties, it has been brought to the notice of the Court by Smt. Shahina Sadique Khan, the mother of the minor corpus, that respondent no. 4, has contracted a second marriage and his current wife is pregnant. She contends that due to the changed familial circumstances and his residence in Mumbai, the safety and welfare of the minor children are at risk, if their custody remains with their father. 4. This Court is guided by the paramount consideration of the welfare and best interests of the minor children, as laid down by the Hon'ble Supreme Court in Gaurav Nagpal v. Sumedha Nagpal, (2009) 1 SCC 42, wherein it was held that in custody matters, the welfare of the child must be given precedence over the legal rights of the parents. The Apex Court has emphasized that custody must be decided not on the basis of the parents' legal rights but in furtherance of the welfare and well-being of the child. 5. Considering the facts and circumstances of the case, and keeping in view the best interests and welfare of the minor children, this Court directs that the custody of the minor children present before the Court, namely, Fahad Khan and Abdul Ahad Khan, shall be handed over to their mother, Smt. Shahina Sadique Khan, with immediate effect. 6. The writ petition is accordingly allowed in the above terms. Order Date :- 10.4.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad