Punjab & Haryana High Court Orders Immediate Restoration of Custody of 11-Month-Old Infant to Mother; Holds Forcible Separation Violates Statutory Mandate and Child Welfare Principles
Case Name: Lovepreet Kaur v. State of Punjab and Others
Date of Judgment: 26 December 2025
Citation: CRWP-13437-2025
Bench: Hon’ble Mr. Justice Rohit Kapoor
Held: The Punjab and Haryana High Court disposed of a habeas corpus petition and directed immediate restoration of custody of an 11-month-old infant to the biological mother, holding that forcible deprivation of custody of a child below five years of age from the mother is contrary to Section 6 of the Hindu Minority and Guardianship Act, 1956, and settled principles governing welfare of minor children. The Court held that in matters involving infants of tender age, maternal custody is the statutory norm unless compelling circumstances exist to displace it.
Summary: The petitioner-mother approached the High Court alleging that her infant son had been forcibly taken away by her husband and paternal grandparents and that she was being denied access to the child despite repeated complaints to the police. It was asserted that no custody proceedings were pending before any competent court and that the child, being of extremely tender age, required maternal care and nurturing.
The respondents contested the allegations and claimed that the petitioner had voluntarily left the matrimonial home and that the father was willing to return custody. The State filed a status report pursuant to directions of the Court.
The High Court examined the scope of writ jurisdiction in child custody matters and reiterated that while habeas corpus is not a substitute for guardianship proceedings, the Court can exercise parens patriae jurisdiction where the custody of a minor is unlawful or where the welfare of the child so demands. Relying on settled precedent, the Court reaffirmed that welfare of the child is the paramount consideration, superseding adversarial claims of parents.
The Court emphasised that Section 6 of the Hindu Minority and Guardianship Act embodies legislative recognition that children below five years ordinarily require maternal care. In the absence of any material suggesting incapacity or unfitness of the mother, continued custody of the infant with the father or grandparents was held to be unjustified. The Court noted that forcible separation of an infant from the mother undermines the child’s holistic development and cannot be sustained.
Decision: The petition was disposed of with directions to the Senior Superintendent of Police, Tarn Taran, to ensure that custody of the infant child is handed over to the petitioner-mother within 48 hours. The arrangement was made subject to any interim or final orders that may be passed by the competent family court. The Court clarified that it had expressed no opinion on inter se matrimonial disputes between the parties.