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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Pallavi Chakravarty – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SUMEET GOEL, J.
The petition in hand filed under Article 226 of the Constitution of India, in essence, seeking directions to the official respondents to protect the life and liberty of the petitioners and to restrain respondent No.5 (father of petitioner No.2) from exercising visitation rights granted vide judgment and decree dated 04.12.2018 passed by the learned Civil Judge, Pune, on the grounds of threat, harassment and apprehension of kidnapping.
2. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated, thus:
(i) The petitioner No.1 - mother is a divorcee and a single parent, presently having the lawful custody and care of petitioner No.2 (hereinafter referred to as the ‘minor child’). The marriage between petitioner No.1 and respondent No.5 - father was solemnized on 08.07.2010 and out of the wedlock, petitioner No.2 was born on 01.12.2011. Owing to matrimonial discord, the parties obtained a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, vide judgment and decree dated 04.12.2018 passed by the learned Civil Judge, Pune. As per the terms of settlement, permanent custody of the minor child was
In custody disputes, the child's welfare is paramount; visitation rights from a court cannot be altered without appropriate proceedings, and allegations must be substantiated.
The custody of minor children under five years is presumed to rest with the mother, emphasizing that the welfare of the child is the paramount consideration in custody disputes.
The High Court should refrain from intervening in custody matters under habeas corpus jurisdiction when an effective statutory remedy exists, emphasizing the welfare of the child as paramount.
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.
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 ....
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 – Unlawful and illegal custody - A writ of habeas corpus, as has been consistently held, though a writ of right is not to be issued as a matter of course, particularly ....
The welfare of the child is paramount in custody matters, and the jurisdiction of the Family Court is crucial in adjudicating custody disputes.
The High Court retains discretion to grant habeas corpus for custody, yet it cannot disrupt prior lawful custody orders, emphasizing child welfare as paramount.
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