The Madhya Pradesh High Court has directed that the custody of a 14-year-old girl be handed back to her father and elder sister after interacting with the child in court and finding that she consistently wished to live with them. At the same time, the Court clarified that its order would have no bearing on the pending criminal trial against the father.
Background of the Case
The case arose from a habeas corpus petition filed by the girl's elder sister and father after the minor was shifted to a shelter home following action by child protection authorities. The petitioners alleged that the child had been removed from their custody on the basis of a complaint made by the mother.
The father is facing a pending criminal case involving allegations under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. During the hearing, the Court noted that both daughters had already been examined during the trial and that the criminal proceedings remain pending before the trial court.
Court's Observation
A Division Bench of Justice Subodh Abhyankar and Justice Alok Awasthi interacted separately with the minor, her elder sister and her mother to understand the child's wishes.
The Bench recorded that the girl "unequivocally" expressed her desire to live with her father and sister. She also told the Court that staying in the shelter home had affected her studies and preparation for competitive examinations.
The elder sister also informed the Court that she had been residing with their father and claimed that both sisters had earlier been pressured to make allegations because of disputes between their parents.
"The corpus has unequivocally... expressed her desire to reside with her sister and father," the Bench observed while recording the child's statement.
Court's Decision
Holding that the welfare of the child was the primary consideration, the High Court directed that the minor's custody be handed over to the petitioners.
To safeguard the child's interests, the Bench ordered that she be provided with a mobile phone and given the contact number of the local Station House Officer (SHO), who was directed to respond whenever she sought assistance.
The Court also made it clear that its findings were limited to deciding the custody issue. It expressly stated that it had not examined the merits of the criminal case pending against the father and directed the trial court to decide that case independently, without being influenced by the observations made in the custody proceedings.
The writ petition was accordingly allowed.
Case Details
Case Title: S. J. and Others v. State of Madhya Pradesh and Others
Case Number: Writ Petition No. 20029 of 2026
Judge: Justice Subodh Abhyankar and Justice Alok Awasthi
Decision Date: 6 July 2026
