Child's Well-Being Paramount: Punjab & Haryana HC Orders Professional Counselling to Determine Minor's State of Mind in Custody Battle - 2025-08-28

Punjab & Haryana High Court Orders Counselling to Assess Child's Well-Being in Custody Dispute

CHANDIGARH – In a significant procedural move concerning a child custody matter, the Punjab and Haryana High Court has directed that a minor girl undergo professional counselling to determine her state of mind and well-being. The Court emphasized that this assessment is crucial for deciding the custody arrangement between her estranged parents.

Case Overview

The order was passed in the case of Cypriano Britto vs. State of Haryana and Others (CRWP No.8883 of 2025), a criminal writ petition in the nature of habeas corpus. The petitioner, Cypriano Britto, sought the custody of his minor daughter, who was produced before the court as the "detenue." The core legal issue revolves around which parent is better suited to have custody, with the child's welfare being the paramount consideration.

Court's Directions for a Child-Centric Approach

Instead of making an immediate determination based on parental claims, the High Court opted for a child-centric approach, focusing on understanding the minor's own perspective and psychological state.

The Court issued a series of directives:

• Professional Counselling: The Court mandated that the minor child undergo counselling to assess "whether she can understand her well being to stay with her father or mother."
• Role of PGIMER, Chandigarh: The Director of the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh (Respondent No. 6), has been tasked with appointing a counsellor and formulating a counselling schedule.
• Financial Responsibility: The petitioner (the father) has been ordered to bear the entire expense of the counselling sessions.
• Cooperation Mandated: The mother (Respondent No. 4) is directed to ensure the child's presence for all scheduled counselling sessions.

Key Excerpt from the Judgment

The Court's focus on the child's perspective is evident in its instruction to the appointed counsellor:

"The Counsellor so appointed by Respondent No.6 is directed to file its report, after completion of counselling of the child and, if required, after interacting with parents of child, regarding her state of mind whether she can understand her well being to stay with her father or mother."

This directive underscores the judicial principle that in custody battles, the voice and mental state of a child, especially one old enough to form an intelligent preference, are vital components of the decision-making process.

Final Decision and Next Steps

The Court also streamlined the case by dismissing the petition against Respondent No. 5 after the petitioner's counsel conceded that no allegations were made or relief sought against them.

The case has been adjourned to September 9, 2025, by which time the court expects the counselling report to be submitted. This report will likely play a pivotal role in the High Court's final determination of the custody of the minor girl.