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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH BHARDWAJ
Joginder Singh Sekhon – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Rajesh Bhardwaj, J.
CRM-W-677-2025
1. Application is allowed, as prayed for.
2. Email dated 19.03.2025, Electronic Travel Authorization (ETA) dated 12.09.2024 and Email dated 22.04.2025, marked as Annexures A-1 to A-3, are taken on record.
CRM-W-676-2025
1. Prayer in the present application, filed under Section 528 of the BNSS , 2023, is for impleading Ramndeep Kaur, mother of the child, as petitioner no.2 to pursue the main petition bearing CRWP-2949-2025.
2. Learned counsel for the petitioner has contended that the mother of the child, who is sought to be impleaded as petitioner no.2 in the main petition, is an Australian citizen, who was married with respondent no.7. Out of their wedlock, they were blessed with two children; daughter Ekam Sidhu born on 09.05.2009 and son Kabir Singh Sidhu born on 14.08.2014. However, due to matrimonial discord between them, they got separated in 2019 and decree of divorce was granted to them vide order dated 06.08.2021 passed by the Family Court at Australia. Thereafter, the parenting order was passed by the Federal Circuit and Family Court of Australia (Division No.2) at Melbourne (hereinafter referred to as the “Family Court at Australia”
Indian courts can enforce foreign parenting orders for child custody, prioritizing the child's welfare and establishing illegitimacy of custody if it violates those orders.
The main legal point established in the judgment is the paramount consideration of the child's best interest and welfare in determining custody, as well as the relevance of foreign court orders and t....
The paramount consideration in child custody disputes is the child's best interest, prioritizing emotional stability and existing ties over contesting parental claims.
In child custody matters, the welfare of the child is paramount, and custody arrangements by foreign courts must be respected despite opinions regarding jurisdiction.
The welfare of the child is paramount in custody matters, allowing writ of habeas corpus to challenge unlawful detention in international contexts. Foreign court orders must yield if they conflict wi....
The welfare of the child is paramount in custody disputes, and custody should be granted to the parent if it serves the child's best interests.
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