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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KUUDEEP TIWARI
Kamaudeep Kaur Alias Kamaudeep – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Kuudeep Tiwari, J. (Oral)
The illegal detention of her two minor daughter/alleged detenus, namely, (i) Manreet Kaur, aged 2/2 years; and (ii) Mansirat Kaur, aged about 08 months; has compelled the petitioner to knock the doors of this Court through instituting the instant writ of habeas corpus, thereby seeking release of her minor daughters from the illegal detention of respondent Nos. 5 to 7 (petitioner's in-laws).
2. What emanates from the record available before this Court, is that, on 05.02.2021, the petitioner was married to one Sukhmeet Singh (son of respondent No.5), whereupon, two minor daughters/alleged detenus were born. However, unfortunately demise of the petitioner's husband occurred in a roadside accident on 04.03.2024, and thereupon, the respondent No.5 (petitioner's father-in-law) created such an exploitative and sexually abusive at mosphere in her matrimonial house that it became impossible for her to survive there. Refusal of the petitioner to develop physical intimacy with the respondent No. 5 resulted in her becoming ousted from her matrimonial house, but without her minor daughters, who were detained by the private respondent (in-laws of the petitioner)
The welfare of minor children is paramount in custody disputes, and custody should ordinarily be with the mother if the child is under five years old.
The welfare of the child is the supreme consideration in custody disputes, overriding parental legal rights.
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.
Widow mother is natural guardian of her minor child.
The paramount consideration for the court in cases involving minors is the welfare of the minor, and the court may invoke its extraordinary jurisdiction to determine custody based on the welfare of t....
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 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.
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