In this case, Allahabad HC dealt with a custody dispute where the petitioner-father filed a Habeas Corpus Writ Petition seeking custody of his 5 year old daughter, alleging that she was in the illegal custody of her mother and that her welfare was being seriously compromised.

The petitioner submitted that he had earlier approached High Court through Habeas Corpus Writ Petition, wherein he was granted visitation rights through video conferencing every Sunday. However, he contended that respondent-mother deliberately obstructed meaningful interaction with the child.

He further alleged that child had been heavily tutored by her mother, who had taught her abusive and sexually explicit content beyond her understanding, thereby adversely affecting her mental and emotional development. He argued that continued custody with the mother would irreparably harm child’s future.

Court personally interacted with the child and during the interaction, child made allegations that her father had sexually abused and assaulted both her and her mother and expressed unwillingness to live with him. However, after observing the manner in which the child narrated these allegations, Court found that such statements appeared to be beyond her natural comprehension, indicating that she had been tutored by her mother.

High Court further observed that welfare of the child is of paramount consideration. It concluded that child had been subjected to extensive tutoring and her continued stay with mother would not be in her best interests. Court expressed concern that such influence would ultimately spoil child's future and emotional well-being.

Accordingly, Allahabad HC temporarily handed over the custody of the child to the father until the next date of hearing. Moreover, Court also permitted mother to visit petitioner's residence and communicate with the child through video conferencing.