HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1223 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. By order dated 03rd September, 2026, the State was directed to produce the corpus, Smt. Sarita Devi, along with her minor son Sani, before this Court. In compliance with the aforesaid order, they have been produced before the Court by Sri Akash Sen, Sub-Inspector, and Ms. Monika Singh, Lady Sub-Inspector, Police Station Airport, District Prayagraj. This Court interacted with the corpus, Smt. Sarita Devi, who stated that, on account of the cruelty and harassment allegedly meted out to her by the petitioner, Radhey Shyam, in her matrimonial home, she left the matrimonial home and is presently residing at Pune, Maharashtra, with respondent No. 4, Sonu, along with her minor son Sani. She further stated that the minor is studying in Class I at Pune and that she is properly taking care of him and attending to all his needs. From the demeanour and conduct of the minor corpus, Sani, it was apparent that he shares a strong emotional bond with his mother. This Court also interacted with the minor corpus, who is aged about six years. He engaged in a frank and spontaneous interaction with the Court and appeared sufficiently aware of his surroundings. He disclosed that he is studying in Class I and is comfortable residing with his mother. He further expressed his unwillingness to reside with his father, while stating that he desires the company of his two siblings, who are presently residing with the petitioner, Radhey Shyam. The interaction with the minor and his overall demeanour and conduct Versus Counsel for Petitioner(s) : Aqueel Ahmad, Kripa Shankar Tiwari Counsel for Respondent(s) : G.A. Radhey Shyam And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) indicate that he is emotionally attached to his mother and is presently comfortable and well settled in her care. This Court also interacted with the petitioner, Radhey Shyam, who acknowledged his matrimonial relationship with Smt. Sarita Devi and stated that three children were born out of their wedlock, namely, two sons and one daughter. He submitted that one son and one daughter are presently in his custody, whereas the minor corpus, Sani, is residing with his mother. He further stated that he does not wish to reside with his estranged wife in their matrimonial home, particularly as she is presently residing with respondent No. 4, Sonu. Nevertheless, he claimed custody of the minor corpus on the ground that he is his father. Having regard to the statements of the parties, the interaction with the minor corpus and his demeanour and conduct, it is apparent that the minor is presently residing comfortably with his mother at Pune, Maharashtra, is pursuing his education there and is being properly looked after by her. Considering his tender age, his emotional attachment with his mother, his present educational environment and overall welfare, this Court is not inclined, at this stage, to disturb his existing custody and hand him over to the petitioner. At the same time, this Court is of the considered view that the minor should continue to have an opportunity to maintain and develop an emotional bond with his father. The welfare of the minor also warrants that his relationship with both parents be preserved, as far as the circumstances permit. Accordingly, the petitioner, Radhey Shyam, shall be entitled to meet the minor corpus, Sani, at the residence of Smt. Sarita Devi at Pune, Maharashtra, as and when he desires, subject to mutual convenience and without causing any disturbance to the peace and privacy of the parties. The petitioner shall also be entitled to interact with the minor corpus daily through video conferencing or mobile communication between 6:00 p.m. and 9:00 p.m., in a manner conducive to the welfare, comfort and routine of the minor. The aforesaid visitation and interaction rights shall be exercised in a HABC No. 1223 of 2026 2 manner that does not adversely affect the minor's education, health, routine or emotional well-being. With the aforesaid observations and directions, the present habeas corpus petition stands disposed of. September 24, 2026 Himanshu HABC No. 1223 of 2026 3 (Sandeep Jain,J.) Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad