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KIRTI SINGH
Neelu Talotra – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Kirti Singh, J.:- The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India read with Section 528 of BNSS, 2023 by the petitioner-mother for issuance of a writ in the nature of Habeas Corpus for the release of detenue-Dhairya Saini (her son) aged 08 months from the illegal custody of respondent No.4-Rohit Saini (father).
Facts
2. Succinct factual narrative relevant for the disposal of the instant petition is that the petitioner was married to respondent No.4-Rohit Saini on 27.09.2022. The marriage between the petitioner and respondent No.4 was an elopement. At the time of marriage, Rohit Saini was divorced from his first wife. The petitioner along with her husband Rohit Saini had filed a petition bearing No.CRWP-9452-2022 seeking protection of life and liberty which was disposed of vide order dated 30.09.2022 with a direction to the Senior Superintendent of Police, Gurdaspur to look into the representation given by the petitioners.
2.1 From the wedlock one male child, namely, Dhairya Saini was born on 14.12.2023. Due to marital discord, the petitioner who was living with respondent No.4, was severely beaten and thrown out of the matri
In custody disputes, the welfare of the child is paramount, and custody of a child under five years should ordinarily be with the mother, as per Section 6 of the Hindu Minority & Guardianship Act.
Custody of a child under five years is presumed to be with the mother, and this presumption is rebuttable only by demonstrating the mother's unsuitability.
The main legal point established in the judgment is that the custody of a minor child with the father as the natural guardian cannot be held illegal or unlawful unless it is in breach of some authori....
Point of law: Custody of child - In a child custody matter, a writ of habeas corpus would be entertainable where it is established that the detention of the minor child by the parent or others is ill....
The welfare of the child is the paramount consideration in determining custody, and the writ of habeas corpus is maintainable in child custody matters where the detention of a minor child by a parent....
Point of Law : It is only in exceptional cases, the rights of the parties to the custody of the minor will be determined in exercise of extraordinary jurisdiction on a petition for habeas corpus.
Court emphasizes the welfare of the child in custody matters while maintaining jurisdictional limits.
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