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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Rajbeer Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. The petition in hand filed, under Articles 226/227 of the Constitution of India, is for issuance of an appropriate writ, order or direction to the respondents to produce the minor sons (hereinafter referred to as ‘children in question’) before this Court and to grant their custody to the petitioner, who is their mother, as they are of tender age and require mother’s care, affection and protection.
2. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated, thus:
(i) The marriage of the petitioner was solemnized with respondent No.2 namely Lakhwinder Singh about three years ago as per Sikh rites. Out of the wedlock, two sons were born i.e. Karandeep Singh (DOB: 22.01.2022) and Sartaj Singh (DOB 01.03.2023).
(ii) After the birth of the second child, the petitioner has stated that she was subjected to persistent cruelty, harassment and dowry demands by her husband (respondent No.2 - herein) and in-laws. Despite providing additional articles and furniture items amounting to Rs.2,50,000/- on 10.11.2023 to maintain peace, the maltreatment continued. The petitioner alleged that she was ousted from her matrimonial home but after
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 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.
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 main legal point established in the judgment is that the custody of a minor child with the father as the natural guardian cannot be held illegal or unlawful unless it is in breach of some authori....
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 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.
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.
In child custody disputes, habeas corpus petitions are not maintainable when the natural guardian holds custody; detailed inquiries are preferred under existing custodial laws to determine the childr....
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