The Allahabad High Court has refused to alter the custody of a minor child caught in a bitter legal battle between his estranged parents, holding that the child’s custody will continue with the mother. The court, however, examined in detail the repeated disputes over visitation rights and upheld a modified visitation arrangement already put in place by a Single Judge.
The decision came in two connected special appeals filed by both parents, each challenging parts of the same order passed in a habeas corpus case involving their son.
Background of the Case
The case arises from a matrimonial dispute between Dr. Dinesh Kumar Agarwal and Deepti Goel, who married in 2017 and had a son in 2018. Differences soon followed, leading to multiple criminal, matrimonial, and custody proceedings across states.
Read also:- Chhattisgarh HC Quashes Illegal Arrest, Orders ₹1 Lakh Compensation for Custodial Harassment of Hotel Owner
In July 2020, while the mother was staying with her parents in Lucknow, the father took the child to Dhanbad. This led the mother to approach the Allahabad High Court through a habeas corpus petition, alleging illegal removal of the child.
After prolonged litigation, the High Court ordered that the child be handed over to the mother in January 2022. That order was later upheld by the Supreme Court, settling the issue of custody at that stage.
Dispute Over Visitation Rights
While custody remained with the mother, the father was granted visitation rights. Over time, both sides accused each other of non-cooperation. The father alleged that meetings were obstructed and emotionally damaging, while the mother argued that long visits were impractical and stressful for a young child.
Read also:- Madras HC Quashes Tamil Nadu Order Seeking Sensitive Student Data, Calls It Violation of Privacy Rights
This led to several applications seeking modification of visitation terms. In April 2023, a Single Judge reworked the visitation schedule by laying down separate arrangements for summer and winter months, along with limited outings and supervised meetings.
Both parents challenged this order before the Division Bench.
Court’s Observations
The Division Bench, led by Chief Justice Arun Bhansali and Justice Jaspreet Singh, noted that the case had seen “extraordinary litigation” across forums, including contempt proceedings and multiple applications.
The court stressed that habeas corpus proceedings cannot be used repeatedly to reopen settled custody issues. It observed that custody had already been examined and affirmed up to the Supreme Court level.
Read also:- Wrong AI Citations Not Enough to Set Aside Order, Says Andhra Pradesh High Court
“The custody issue has attained finality for the present and cannot be reagitated through repeated habeas corpus petitions,” the bench observed.
The judges also took note of multiple attempts made earlier to ease tensions, including psychological evaluation of both parents and the child, as well as court-supervised counselling.
Welfare of the Child Is Central
While both sides made strong allegations, the court emphasised that custody and visitation orders are not about rewarding or punishing parents.
“The child is not a trophy in parental conflict. His welfare, emotional stability, and sense of security are paramount,” the court noted during the hearing.
Read also:- Kerala High Court Dismisses Plea Challenging Advocates’ Association Elections, Says Writ Not Maintainable
The bench found no legal or factual reason to interfere with the modified visitation arrangement passed by the Single Judge, holding that it attempted to strike a workable balance given the strained relationship between the parents.
Final Decision of the Court
Dismissing both special appeals, the Allahabad High Court upheld the order dated 7 April 2023. The court confirmed that:
- The child’s custody will continue with the mother
- The modified visitation schedule for the father will remain in force
- Either parent is free to pursue custody or guardianship claims before the appropriate family court under existing law
With this, the High Court brought the intra-court appeals to a close, leaving further determination of permanent custody to regular guardianship proceedings.
