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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Sangeeta Kanwar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
CRM-W-571-2022
1. Allowed as prayed for, subject to all just exceptions.
Documents are taken on record as Annexures R-1 and R-2.
2. CRWP-11120-2021 (O&M)
The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking issuance of writ in the nature of habeas corpus for obtaining the custody of her minor sons, who are in the custody of respondent No. 5.
3. Brief facts of the case relevant for the purpose of disposal of the present petition are that the marriage of the petitioner was solemnized with respondent No. 5-Bhagwan Singh on 08.02.2012. Out of the said wedlock, two male children, namely Aman and Anshuman, were born on 22.09.2013 and 04.01.2016, respectively. However, the matrimonial relation of the petitioner with respondent No. 5 witnessed rough weather as she was harassed and maltreated by him. Ultimately, in August, 2019, she was thrown out of the matrimonial house along with minor children after giving beatings to her. The petitioner tried to prevail good sense upon respondent No. 5 but he did not mend his ways. Thereafter, the petitioner started living at her parental house along with her minor chi
The welfare of the child is of paramount importance in custody disputes, and the provisions of the Hindu Minority and Guardianship Act prioritize the custody of a minor under 5 years with the mother.
Custody of minor children - Natural guardian - Private respondent is none other than biological mother of minor children - It may be presumed that custody of children with their mother is not unlawfu....
The welfare of the child is of paramount consideration in child custody disputes, and decisions should be made based on the best interests of the child.
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.
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
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 extraordinary remedy of a prerogative writ of Habeas Corpus can be availed in exceptional cases where the ordinary remedy provided by the law is either unavailable or ineffective, and the welfare....
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