The Madhya Pradesh High Court has ordered that the custody of a seven-year-old girl be returned to her mother after interacting with the child and recording her clear desire to live with her mother. The court passed the direction while hearing a habeas corpus petition filed by the child's mother alleging that the father had retained custody of the child without legal authority.
Background of the Case
The petition was filed by Priyanka Shrivastav seeking the production and return of her minor daughter, Nishi Shrivastava. According to the mother, the child had been residing with her since birth and had never lived with the father.
The petitioner told the court that on May 27, 2026, the father visited her residence in Jabalpur. The next day, he took the child with him on the pretext of spending some time with her and assured the mother that she would be returned shortly. However, according to the petition, the child was not brought back and remained in the father's custody thereafter.
The father appeared before the court and did not dispute that the child had been living with the mother since birth. He contended that the child had voluntarily accompanied him to meet her grandmother and denied any allegation of forcible taking.
A Division Bench comprising Justice Pranay Verma and Justice Jai Kumar Pillai interacted with the child after she was produced before the court.
During the interaction, the judges sought to ascertain the child's wishes regarding her residence. The court noted that the seven-year-old child clearly expressed her desire to stay with her mother and stated that she did not wish to reside with her father.
The bench observed,
“The corpus is seven years of age and has unequivocally stated that she wishes to reside with her mother and does not wish to reside with respondent No.4.”
The court further noted that even if the father's version was accepted, there was no legal order granting him custody of the child. Therefore, continuation of such custody could not be permitted.
Allowing the mother's plea, the High Court directed the State authorities to hand over the child's custody to the petitioner on the same day. The court clarified that the mother would be free to take the child with her immediately.
At the same time, the bench protected the interests of the father by directing the mother to ensure that the child remains in communication with him whenever he wishes to speak with her.
The court also observed that it would be open to the father to pursue any legal remedies available under law regarding custody or related rights concerning the child.
With these directions, the petition was disposed of.
Case Details
Case Title: Priyanka Shrivastav v. State of Madhya Pradesh & Others
Case Number: Writ Petition No. 19596 of 2026
Judges: Justice Pranay Verma and Justice Jai Kumar Pillai
Decision Date: June 1, 2026
