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SANT PARKASH
Sukhjit Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Sant Parkash, J. - This is a petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus with a roving writ to search/release of Amreen Kaur, aged 5 years (minor daughter of petitioner) from the custody of respondent Nos.4 and 5 i.e. father-in-law and mother-in-law of petitioner.
2. Briefly the facts of the present case are that petitioner and her husband Lakhwinder Singh were blessed with a daughter namely Amreen Kaur, aged 5/6 years. On 27.05.2020, petitioner alongwith her husband, daughter and in-laws had 'kheer? in dinner, whereafter the entire family complained of food poisoning and admitted in Pooja Nursing Home & Hospital, Raman, District Bathinda. Though the family (except Lakhwinder Singh) was discharged after having treatment but Lakhwinder Singh died on 30.05.2020. Thereafter, in-laws of petitioner got registered an FIR bearing No.74 dated 02.06.2020 under Sections 307, 302 IPC at Police Station, Raman, Bathinda, against her on the allegations that she was responsible for the death of her husband. During investigation, police did not find petitioner?s guilt but respondent Nos.4 and 5 forcibly took away her mino
The welfare of the minor child is the paramount consideration in custody matters, and the court should prioritize the child's best interest over legal rights of the parties involved.
The welfare of the child is the paramount consideration in deciding custody matters, and the legal rights of the mother are subject to the provisions of the Guardians and Wards Act, 1890.
The welfare of the child is the decisive factor for the claim of custody, and the court should strike a balance between the welfare of the child and the rights of the parents over the child.
The welfare of the minor child is the paramount consideration in custody matters, and the legal rights of the mother are subject to the welfare of the child.
Custody of child – No hard and fast rule can be laid down insofar as maintainability of a habeas corpus petition in matters of custody of a minor child is concerned – As to whether writ court should ....
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