Family Law

Father Took Child Without Court Order: MP High Court Returns Daughter to Mother

• NRI Divorce & Family
• NRI Property & Criminal

In a habeas corpus case, the Madhya Pradesh High Court ordered a seven-year-old girl to be returned to her mother, holding that keeping a child without any court order is not legal — even when the person doing it is the child’s own father.

Case: Priyanka Shrivastav v. State of Madhya Pradesh & Others

Court: High Court of Madhya Pradesh, Jabalpur Bench

Bench: Justice Pranay Verma and Justice Jai Kumar Pillai

Date: 1 June 2026  |  Citation: 2026:MPHC-JBP:40570 (WP No. 19596 of 2026)

Outcome: Custody of the child handed back to the mother; father given the right to talk to the child and to pursue proper legal remedies.

Custody disputes are some of the hardest battles a family can go through. When a marriage breaks down, the question of who the child will live with often becomes a tug of war. And sometimes one parent simply takes the child away and refuses to bring them back. A recent order of the Madhya Pradesh High Court is a clear reminder that doing this is not legal, even for a parent, and that the court can step in quickly to put things right.

The mother, Priyanka Shrivastav, had been raising her seven-year-old daughter since the day the child was born. The little girl had never lived with her father.

On 27 May 2026, the father came to the mother’s home in Jabalpur. The next day he took the daughter along with him, saying he only wanted to spend a little time with her and would bring her back soon. But once the child was with him, he kept her and refused to return her.

Left with no other choice, the mother went to the High Court with a habeas corpus petition — asking the court to produce her daughter and order that she be returned to her.

What is a habeas corpus petition in a child custody case?

Most people think of habeas corpus as a remedy against illegal detention by the police. But our courts have long allowed a parent to use it when a child is being kept away illegally by the other parent, or by anyone else. The court can call for the child to be produced before it and then decide, keeping the child’s welfare first, where the child should be.

In court, the father could not deny that the daughter had always lived with her mother, and that no court had ever passed any order giving her custody to him. His only argument was that the child had gone with him willingly to meet her grandmother, so it was not a case of forceful abduction.

The judges were not convinced. They said that even if the father’s version was accepted, he still had no legal right to keep the child, because there was no court order in his favour. Custody taken in this way could not be allowed to continue.

The court also did something very important — it spoke directly to the child. The seven-year-old said clearly that she wanted to live with her mother and did not want to stay with her father. The court gave weight to what she said.

The High Court directed that the child be handed over to the mother the same day, and that the mother was free to take her home. At the same time, the judges were careful to protect the father’s side too. They directed that the mother must allow the child to speak to her father whenever he wishes. And they made it clear that the father is free to pursue whatever legal remedies are open to him to claim custody or visitation in the proper, lawful way.

• Taking a child away and keeping them without a court order is not legal — even for a parent.
• Habeas corpus is a quick remedy when a child is being wrongfully kept away.
• The welfare of the child comes first, and a child old enough to express a clear wish will be heard.
• Habeas corpus restores the position; the bigger question of permanent custody is decided separately in a proper custody or guardianship case.
• The parent who does not get custody is usually given the right to stay in touch with the child.

What you can do if your child has been taken away

If your child has been taken from you and is being kept away without any court order, you do not have to wait helplessly. Depending on the facts of your case, you may be able to file a habeas corpus petition before the High Court for the child’s immediate production and return; or file a custody or guardianship petition before the Family Court under the Guardians and Wards Act and the Hindu Minority and Guardianship Act; and ask for interim custody and visitation orders along the way. Acting quickly matters, because the longer a wrongful arrangement is allowed to continue, the harder it can become to undo.

This becomes even more important for Non-Resident Indian parents. When one parent takes a child to another city, or even abroad, or refuses to return a child after a holiday visit, the same basic principles apply — Indian courts can be approached through habeas corpus and custody proceedings. If you are an NRI worried about your child’s custody, our team handles these matters regularly through our NRI divorce and family law practice, and you can read more about our divorce and child custody services in Hyderabad.

Speak with our family and child-custody lawyers in Hyderabad in confidence. We will explain your options clearly and help you take the right step.