Factual Background 

In the case of Mirah Pandey v State of UP a habeas corpus petition was filed by the mother to transfer custody of her minor children and to give instructions to the respondents to make necessary arrangements for communication and interaction between the mother and the minor children via voice and video calls both immediately and while the current writ petition is pending.

Observation of the court 

The mother herself had given her consent for the children to be brought to India, showing that she was aware that the children would be in her father’s custody there. As a result, the mother could not be said to have engaged in illegal custody or detention, according to the single-judge bench of the Allahabad High Court led by Justice Shamim Ahmed.

The court ruled that minor children shouldn’t be separated from their parents’ love and devotion because doing so has a serious psychological influence on a child’s susceptible and innocent temperament during his formative years. According to the Court, whenever a dispute about the custody of young children is brought before a court, the subject is to be decided not on the basis of the legal rights of the parties but instead on the sole and important criterion of what would best serve the child’s interest and welfare. Furthermore, the Court ruled that the issue of custody cannot be settled by comparing the financial situations of the disputing parties. The issue won’t be decided just based on the level of physical comfort and material advantages that any candidate’s residence may offer. It is also argued that the general psychological, spiritual, and emotional wellness of the child must be taken into account when determining the child’s welfare.

The mother reportedly agreed via email to get the kids enrolled in a reputable school in India and promised to see her kids at their father’s house anytime she was in the country, according to the court. Furthermore, it is undeniable that the mother gave her approval for the admission of both children to the school because she produced copies of her passport and Aadhar card. The Court concluded that the minor children are not in the father’s illegal custody and are attending school in India with the mother’s permission. The Court also advised the mother to apply for custody through the proper channel.