HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1209 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. 1. By order dated 21.08.2026, the State as well as respondent nos. 5 and 6 were directed to produce the corpus, Km. Rumaisha, before this Court. In compliance with the said order, the corpus has been produced before this Court by Sub-Inspector Kamal Singh, PNO No. 231100540, Lady Constable Asha Singh, PNO No. 172300016, and Constable Naveen Kumar, PNO No. 212761052, Police Station Jaitpura, District Varanasi. 2. This Court interacted with the corpus, Km. Rumaisha, who disclosed that she is aged about seven years and is studying in Class II. She stated that she is comfortably residing with her father and other relatives. She further disclosed that her father has solemnized a second marriage, but his second wife is taking proper care of her, loves her and treats her well. She stated that she has no complaint whatsoever against the second wife of her father. She also did not express any desire to leave the custody of her father or to reside with her mother. 3. From the interaction with the corpus, it was apparent that there is presently no strong emotional bond between the corpus and her mother. 4. This Court also interacted with the petitioner, Smt. Shabanam Bano, who is the mother of the corpus. She disclosed that she is not willing to reside with her estranged husband, Ansar Ahmad, as he has contracted a second marriage with another woman without obtaining her consent. She, therefore, submitted that she cannot reside with her husband. It is further apparent that the corpus is not in any illegal detention and is comfortably Versus Counsel for Petitioner(s) : Diwan Saifullah Khan Counsel for Respondent(s) : G.A. Km. Rumaisha And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) residing with her father. 5. The petitioner further disclosed that two children were born out of her wedlock with respondent no. 5, Ansar Ahmad, and that she presently has the custody of their son, aged about five years, who is studying in LKG. 6. This Court also interacted with respondent no. 5, Ansar Ahmed, who is the estranged husband of the petitioner. He disclosed that he owns a factory where Banarasi sarees are manufactured and that he has a decent source of income. He admitted that, after the petitioner voluntarily left the matrimonial home, he contracted a second marriage with another woman. He, however, stated that he is still willing to reside with his first wife/petitioner and is ready to maintain her and their children. It is, however, apparent that the petitioner is not willing to resume cohabitation with him. 7. Upon interaction with the parties, it is apparent that the petitioner Smt. Shabanam Bano has declined to reside with her husband/respondent no. 5, Ansar Ahmad, on the ground that he has contracted a second marriage, whereas the husband has expressed his willingness to keep the petitioner in the matrimonial home. It is further apparent that the petitioner is not earning anything and, at present, may not be in a position to independently maintain the corpus. More importantly, the corpus is not willing to reside with the petitioner and is comfortably residing with her father. She has also expressed satisfaction with the care, behaviour and conduct of the second wife of her father. 8. This Court also afforded an opportunity to the petitioner to interact with the minor corpus and to persuade her(minor corpus) to reside with her. However, even after being given such an opportunity, the corpus did not express any willingness to reside with the petitioner. 9. In view of the aforesaid facts and circumstances, particularly the tender age of the corpus, her unequivocal preference to remain with her father, the care and affection being provided to her in the father's household, and the fact that she is comfortably residing there and pursuing her education, this Court is of the considered opinion that it would be in the paramount welfare and interest of the corpus to continue in the custody of her HABC No. 1209 of 2026 2 father/respondent no.5, Ansar Ahmad. 10. Accordingly, the custody of the minor corpus, Km. Rumaisha, shall remain with respondent no. 5, Ansar Ahmad. 11. However, in order to preserve and develop the emotional bond between the petitioner and the minor corpus, the petitioner, Smt. Shabanam Bano, shall have visitation rights. She shall be at liberty to meet the minor corpus as and when she desires, after giving prior intimation to respondent no. 5. She shall also be entitled to have daily interaction with the corpus through video conferencing on mobile phone between 6:00 p.m. and 9:00 p.m. 12. The petitioner shall also be entitled to have temporary custody of the corpus during school vacations and holidays. The petitioner has assured the Court that she shall restore the custody of the corpus to respondent no. 5 immediately upon efflux of such vacation or holidays so that the education of the corpus is not hampered. 13. Similarly, respondent no. 5, Ansar Ahmad, shall be entitled to meet and interact with his minor son, who is presently in the custody of the petitioner, Smt. Shabanam Bano. He shall also be entitled to have temporary custody of the minor son during school vacations and holidays and shall be entitled to interact with him daily through video conferencing on mobile phone between 6:00 p.m. and 9:00 p.m. 14. The parties are expected to extend full cooperation to each other in implementing the aforesaid visitation and interaction arrangements, keeping in view the welfare and best interests of their minor children. 15. With the aforesaid observations and directions, the instant habeas corpus writ petition is disposed of. September 11, 2026 Jitendra HABC No. 1209 of 2026 3 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad