Child Custody: Allahabad HC Rejects Minor's Sexual Abuse Allegations Against Father as 'Tutored', Transfers Interim Custody

The Allahabad High Court has temporarily transferred the custody of a five-year-old girl from her mother to her father after observing that the child appeared to have been "heavily tutored" and was being used as a "pawn" in the matrimonial dispute between her parents.

The bench of Justice Sandeep Jain passed the interim order in a habeas corpus petition filed by the child's father, who alleged that despite an earlier order granting him weekly video-conferencing access to his daughter, he was being prevented from meaningfully interacting with her.

He further claimed that the child had been taught abusive and sexually explicit content far beyond her age and understanding, making her continued custody with the mother detrimental to her welfare.

Opposing the plea, counsel for the mother submitted that the parents were embroiled in serious matrimonial disputes and denied the allegations levelled against her. It was argued that considering the child's tender age, her custody ought to remain with the mother.

Court's interaction with the child

Court interacted with the five-year-old. During the interaction, the child stated that she did not wish to live with her father and alleged that he had sexually abused her and assaulted both her and her mother. However, court found that the manner in which the child narrated the allegations itself indicated that she had been coached.

"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," court observed.

It 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.

Court further observed that, given the child's tender age, she was susceptible to influence and that allowing such tutoring to continue would adversely 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 observed, adding that the mother had used the child as a pawn in the matrimonial dispute.

Child's welfare

Court held that the paramount consideration was the welfare of the child. After interacting with her, it concluded that "a lot of negative things" had been tutored to the child and that it would not be in her welfare to continue in the mother's custody.

The bench went on to observe that if the child continued to remain 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.

Directions issued

While transferring interim custody, the high court preserved the mother's right to maintain contact with the child. It permitted her to visit the father's residence to meet the child and also allowed her to communicate with the child through video conferencing. Court recorded the father's assurance that he would facilitate such conversations.

The matter has been directed to be listed on August 17, 2026, as a tied-up matter before the same bench.

Court also directed the father to remain personally present on the next date along with the child and instructed the State authorities to ensure the safety and security of both while travelling to their destination.

Case Title: XXX vs State of UP and 4 Others

Order Date: July 9, 2026

Bench: Justice Sandeep Jain