The Madhya Pradesh High Court at Jabalpur disposed of a writ petition concerning the tracing and custody of a woman and her minor daughter. The Court interacted with both the mother and the four-and-a-half-year-old child after they were traced to Etawah, Uttar Pradesh.
The petitioner had approached the High Court seeking directions for the police to trace his wife and minor daughter, who had been reported missing. The Court had earlier directed that both be produced before it.
During the proceedings, the Court recorded that the mother was an adult capable of understanding the consequences of her decisions. She expressed her desire to live with another person, attributing her decision to matrimonial differences with the petitioner.
The Court also interacted with the person with whom she wished to stay and considered his financial circumstances before deciding the issue concerning the minor child's custody.
The mother agreed to allow the child to remain with her biological father, subject to arrangements ensuring that she could continue meeting her daughter.
The Court therefore directed that the father would have custody of the minor child. At the same time, the mother would have free access to meet her daughter whenever she wished. The father was also directed to send the child to meet the mother once every two months for a period of one week.
The Court further addressed the mother’s concern regarding the child’s future care.
The High Court ordered that the child would remain in the father’s custody until he remarried or entered into a live-in relationship. In either situation, custody of the child would have to be handed over to the mother.
With these directions, the High Court disposed of the petition.
Case Title: Shyam Kushwaha vs. The State of Madhya Pradesh and Others
Case Number: Writ Petition No. 39794 of 2026
