The Allahabad High Court temporarily transferred custody of a five-year-old girl to her father, observing that she appeared “heavily tutored” and was being used as a “pawn” in her parents’ matrimonial dispute. The interim order was passed in a habeas corpus petition.
The Allahabad High Court has temporarily transferred the custody of a five-year-old girl from her mother to her father, noting that the child appeared to have been “heavily tutored” and was being used as a “pawn” in the matrimonial conflict between her parents. A bench led by Justice Sandeep Jain passed the interim order in a habeas corpus petition filed by the girl’s father.
In his petition, the father alleged that although an earlier order allowed him weekly video-conferencing access to his daughter, he was still being prevented from having meaningful interaction with her. He further claimed that the child had been taught abusive and sexually explicit content far beyond what would be appropriate for her age and understanding, and argued that keeping the child with the mother would harm her welfare.
The mother opposed the petition, stating that the allegations were denied and that the dispute stemmed from serious matrimonial proceedings involving both parents. She contended that, given the child’s tender age, custody should remain with her.
The court interacted directly with the five-year-old. The child told the court that she did not want to live with her father and alleged that he had sexually abused her, and that he had assaulted both her and her mother. However, the court concluded that the manner in which the child narrated these allegations suggested coaching.
The court observed,
“It is apparent that the above facts have been tutored to the corpus by her mother because the way she described the acts was beyond her age and logic,”
The bench further held that the child had been “heavily tutored,” and therefore, “no reliance could be placed on her allegations against her father at this stage.” The court added that due to the child’s tender age, she was particularly susceptible to influence, and continued tutoring would negatively affect her mental health and future.
“It is very much apparent that given tender age of the corpus, she should not be used as a pawn in the fight between the husband and wife,” Justice Jain said, adding that the mother had used the child as a “pawn” in the matrimonial dispute.
Emphasizing that the welfare of the child is the primary concern, the court concluded after its interaction with her that “a lot of negative things” had been taught to the child. It held that it would not be in her welfare to remain in the mother’s custody.
The bench also observed that if the child continued to live with the mother, “certainly she will be spoiled.” On that basis, it ordered that the child’s custody be temporarily handed over to the father until the next date of hearing.
While granting the interim custody change, the High Court protected the mother’s right to maintain contact with the child. It allowed her to visit the father’s residence to meet the child and also permitted communication through video conferencing. The court recorded the father’s assurance that he would facilitate these conversations.
The matter has been scheduled to be listed on August 17, 2026, as a “tied-up matter” before the same bench. The court directed that, on the next date, the father should remain personally present along with the child. It further instructed State authorities to ensure the safety and security of both the child and the father during travel.
Case Title: XXX vs State of UP and 4 Others
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