HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1321 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. Learned counsel for the petitioner is permitted to amend the array of parties during the course of the day. By order dated 11th September, 2026, the State as well as private respondent nos. 4 to 7 were directed to produce the minor corpus, Ume Kulsoom, before this Court. In compliance with the said order, she has been produced by Sub- Inspector Ganesh Kumar, PNO 152200684, and Lady Constable Geeta Kushwaha, PNO 252440920, Police Station Sarai Akil, District Kaushambi. This Court interacted with the minor corpus, Ume Kulsoom, who is the minor daughter of the petitioner, Dilshad Khan. However, on account of her tender age, she could not meaningfully interact with this Court. The corpus was stated to be about four years of age. This Court directed the petitioner as well as his parents to take the corpus in their lap, and it was apparent that the corpus was comfortable in their company and shared an emotional bond with them. This Court also interacted with the petitioner, Dilshad Khan, who disclosed that his wife, Nazia Begum, committed suicide at her matrimonial home when he was at Mumbai in connection with his employment. He further stated that a criminal prosecution has been lodged against him by his in- laws, in which he has been enlarged on bail by order dated 07.07.2026 passed by this Court in Criminal Misc. Bail Application No. 7486 of 2026, Dilshad Vs. State of U.P. In compliance with the order dated 11th September, 2026, the petitioner has Versus Counsel for Petitioner(s) : Mahesh Kumar Counsel for Respondent(s) : Ashwani Kumar Mishra, G.A. Ume Kulsoom And Another .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) also filed his personal affidavit, wherein he has disclosed that he is presently working in Mumbai in a private job and is earning approximately Rs.35,000/- per month. The petitioner assured this Court that, in the event custody of the minor corpus is handed over to him, he would take proper care of her and ensure her proper upbringing and welfare. The petitioner was accompanied by his parents, who also assured this Court that, in the absence of the petitioner, they would take proper care of the minor corpus. The minor corpus was also found to be comfortable in their company. This Court has no reason to presume that the petitioner and his parents would not take proper care of the minor corpus. There is also no material on record to arrive at any such conclusion. This Court also interacted with private respondent nos. 4 to 7, who are the father-in-law and mother-in-law of the petitioner, as well as the cousin mother-in-law of the petitioner. They reiterated their allegation that the petitioner had not taken proper care of his wife, Nazia Begum, who was murdered at her matrimonial home, and that a criminal prosecution has been lodged against the petitioner in respect thereof. They, therefore, submitted that the petitioner is not entitled to the custody of the minor corpus. It is apparent that the petitioner has not yet been convicted in the criminal trial. Thus, at this stage, the presumption of innocence operates in his favour, and merely because he is facing trial, it cannot be presumed that he had murdered his wife or abetted her to commit suicide. In view of the aforesaid facts and circumstances, and considering that the minor corpus is comfortable in the company of her father and paternal grandparents, this Court is of the considered opinion that handing over her custody to the petitioner would be conducive to her welfare. Accordingly, the custody of the minor corpus, Ume Kulsoom, is handed over to the petitioner, Dilshad Khan. However, in order to maintain the emotional bond of the minor corpus with the private respondents, they are granted visitation rights. The private respondents shall be at liberty to visit the residence of the petitioner, Dilshad Khan, as and when they desire to meet the minor corpus. HABC No. 1321 of 2026 2 In addition thereto, the private respondents shall also be permitted to interact with the minor corpus through video conferencing on mobile phone every day between 6:00 p.m. and 9:00 p.m. With the aforesaid observations and directions, the instant habeas corpus petition is disposed of. September 18, 2026 Mayank HABC No. 1321 of 2026 3 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad