Minor custody should be restored to the mother when the child’s welfare and safety favour reunification.

The petitioner, Smt. Sukrita Sahu, filed a habeas corpus petition seeking production of her minor daughter, who was named in FIR No. 0714/2026 registered at Police Station Kota, Bilaspur, and seeking disclosure of the progress of the investigation.

Pursuant to the Court’s order dated 16 September 2026, the minor was produced before the Court under police escort.

During interaction with the Court, the minor initially expressed unwillingness to return to her parents but subsequently stated that she had no difficulty staying with them, was not ill-treated, and was properly cared for.

The mother expressed her willingness to take custody and care for the child.

Whether the minor child should be restored to the custody of her mother in exercise of the Court’s habeas corpus jurisdiction, having regard to the child’s wishes, safety, and welfare.

Whether protective directions should be issued to ensure the minor’s continuing safety and well-being after restoration of custody.

The Court applied the established principle governing habeas corpus proceedings involving minors that the paramount consideration is the child’s welfare, safety, and well-being, assessed in light of the child’s statement, the circumstances of custody, and the suitability of the proposed custodian.

The Court also exercised its constitutional jurisdiction to secure the production of the minor and to issue consequential protective and monitoring directions.

No specific statutory provision or precedent was expressly cited in the order.

The Court personally interacted with the minor to ascertain her wishes and verify her safety and welfare.

Although the minor initially did not wish to return to her parents, her subsequent statement indicated that she was not being ill-treated and was properly looked after.

The mother’s willingness and ability to care for the child, together with the overall circumstances, led the Court to conclude that restoration of custody to the mother was in the child’s best interests.

To address any possible future difficulty or apprehension, the Court directed police escort to the residence, immediate police assistance where necessary, and periodic reporting regarding the child’s welfare.

The minor was accordingly directed to be handed over to the petitioner and escorted to the family residence at Kota, Bilaspur.

The parents were directed to report the child’s safety and well-being to the local police station once every seven days for six months, and the police were directed to act promptly upon receiving any complaint or information concerning the minor.

The habeas corpus petition was disposed of with these directions.