Back
PUNJAB & HARYANA HIGH COURT
Paramjeet Singh, J.
Amita Chhabra - Appellant
Versus
State of Haryana and Ors. - Respondent
C.R.W.P. No. 1256 of 2014
Decided On : 23-09-2014
Habeas Corpus - Custody of Minors - Guardians and Wards Act, 1890, Hindu Minority and Guardianship Act, 1956 - The court discussed the legal provisions and principles related to the custody of minors, emphasizing the welfare of the child as the paramount consideration. The court held that the motherly care and affection is indispensable for the healthy growth of the minors, especially infants, and ordered the interim custody of the minors accordingly. The court also directed both parents to have visitation rights and approach the competent court for the final decision on custody.
Fact of the Case:
The petitioner-wife filed a habeas corpus petition seeking custody of her minor children, alleging illegal custody by the husband and in-laws. The court heard arguments from both parties and considered the welfare of the minors as the paramount consideration.
Finding of the Court:
The court found that the motherly care and affection is indispensable for the healthy growth of the minors, especially infants, and ordered the interim custody of the minors accordingly. The court also directed both parents to have visitation rights and approach the competent court for the final decision on custody.
Issues: The main issues considered by the court were the maintainability of the habeas corpus petition for custody of minors and the entitlement of the petitioner to the custody of the minors.
Ratio Decidendi: The court emphasized the welfare of the child as the paramount consideration in determining custody, citing legal provisions and principles related to the custody of minors. The court held that the motherly care and affection is indispensable for the healthy growth of the minors, especially infants, and ordered the interim custody of the minors accordingly.
Final Decision: The court ordered the interim custody of the minors, with the mother being granted custody of the younger child and the father being granted custody of the older child until the academic session is over. The court also directed both parents to have visitation rights and approach the competent court for the final decision on custody.
1. The genesis of factual matrix lies in spectre of love between the petitioner and respondent No. 4, who solemnized their love cum arranged marriage according to their own sweet will. Now, writ petition has originated on the complaint of petitioner-wife complaining the illegal custody of minor children aged 2 1/2 years and 6 1/2 years in the hand of respondent-husband and in-laws.
"Happy marriages begin when we marry the ones we love, and they blossom when we love the one we marry."
... Tom Mullen
Alfred Lord Tennyson penned down that marriages are made in heaven and Andre Maurois said, "A successful marriage is an edifice that must be rebuilt every day." Marriage between two Hindus is considered a sacred relationship, because their karmas are intertwined. The relationship between the couple is essentially a relationship of two souls. It is both an obligatory and a sacrament. When two individuals are in love they are at their best to impress each other. They behave, talk and wear what the other likes. Though marriage is after many years of courtship, but it is after the marriage that they come to know of the real person, after sometime partners start realizing and ultimately say that other partner is not suitable and are up in breakup. Early stages of marriage are 'make or break' situation in many cases. Love and arranged marriages are still a debatable topic in Indian society and the issue as to which one is better, is still confused. In love and an arranged marriage common factor is physical attraction. Success of marriage is not spending time together but result of understanding and respecting each other's feelings. There should be a mental compatibility and understanding among partners. In reality successful married life is based on commitment, concern, empathy, love and responsibility. It is not just an initial love and physical attraction; it needs a lot of dedication and effort to sustain a marriage. Love is a dream and marriage is a reality. When dream and reality come together it is the best thing to happen. Long-term successful relationship calls for efforts and hard work. When after marriage couple decide to spend the rest of their life together than only actual love starts. Love is more like a wonderful feeling, marriage calls for understanding, daily efforts and constant needs to nurture feelings. Every relationship, if it is to thrive and endure, has certain demands and needs to be met with. Love is a magical experience which ignites passion in human hearts and leaves an impact not possible to calculate. Success of marriage depends upon two things-finding the right person and being the right person. Main ingredients of a successful marriage are, like a good recipe-love, commitment, concern, under-standing and togetherness. Married life is not a bed of roses. Marriage is the most beautiful relationship that happens at some point of time, but because of immature attitude and impatience fails to keep the spark of married life. Blessed are those who have happy married life.
2. It would be apposite to refer a paragraph from judgment of the Hon'ble Supreme Court in the case of Gaurav Nagpal v. Sumedha Nagpal 2008 (4) R.C.R. (Civil) 928 : 2008 (6) Recent Apex Judgments (R.A.J.) 422
"2. Matrimonial discords are on the rise at an alarming rate. The sanctity of marriages is under cloud, which in a great way affects the society at large. Individuals can in no way be segregated from the society to which they belong. The cultural heritage of a country is greatly influenced by a pattern of behavior of individuals and more so in matters of matrimony. Home can be a wonderful place to live. But continuous fights between the partners of a marriage disturb the atmosphere at home and create havoc on the members of a family. One does not need a mansion to lead a happy marital home. The foundation of a happy home is love, sharing of joys and sorrows, and not in that sense bricks and concrete. There should be cementing o
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
