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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VINOD S. BHARDWAJ
Ravit Chowdhry – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Vinod S. Bhardwaj, J. (Oral)
Challenge in the present writ petition is to the proceedings initiated before the respondent No.2-Sub Divisional Magistrate, Tehsil Ratia, District Fatehabad, under Section 97 of the Code of Criminal Procedure wherein, a warrant of Search dated 25.10.2023 (Annexure P-1) has been issued authorizing Station House Officer (SHO), Police Station, Sadar Ratia, to enter the house of the petitioner and to produce Ekat i.e. son of the petitioner before the Sub Divisional Magistrate, Ratia.
PLEADINGS AND SUBMISSIONS OF PETITIONER
2. Learned counsel for the petitioner argues that marriage between the petitioner and respondent No.3 was solemnized as per Hindu rites and ceremonies on 01.11.2021 and out of the said wedlock, a son namely, Ekat was born on 17.10.2022. Respondent No.3 is working as a Senior Manager with a real estate group namely ELAA in Gurguram while the petitioner is working as an Assistant Vice President with another real estate group namely Tulip Infratech, Gurugram. The parties were residing together at Gurugram. It is alleged that respondent No.3 left the matrimonial house on 22.09.2023 without any intimation and she also took away her bel
: Where a preferential custody of child in law is to be with mother but is not with her then upon examination of circumstances of case issuance of search warrant cannot be denied to a mother.
The welfare of the child is the paramount consideration in custody disputes, and custody with the father cannot be deemed wrongful confinement under Section 97 CrPC.
The welfare of the child is paramount in custody disputes, and a father's custody cannot be deemed wrongful confinement under Section 97 CrPC.
The court emphasized the need to consider the circumstances of each case and the welfare of the child in determining the admissibility of a search warrant for child custody under Section 97 of the Co....
Courts prioritize a child's welfare in custody disputes, generally favoring mothers for children under five, unless specific circumstances suggest otherwise.
In custody disputes involving minors under five, the court prioritizes the welfare of the child and generally favors maternal custody unless compelling circumstances dictate otherwise.
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.
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