• Call Us+91 7388255933
  • Email Uslawgiconivisam@gmail.com
LaWGiCo
  • Home
  • Law Updates
    • PIL is not maintainable in service matters: Supreme Court
  • Publications
  • About Us
  • Features
  • FAQ
  • Contact Us
Login Register

Minor Child’s Welfare Paramount: Punjab and Haryana High Court Orders Custody of Six-Year-Old Daughter to Mother Through Habeas Corpus, Rejects Grandparents’ Claim

Minor Child’s Welfare Paramount: Punjab and Haryana High Court Orders Custody of Six-Year-Old Daughter to Mother Through Habeas Corpus, Rejects Grandparents’ Claim

Case Name: Amandeep Kaur v. State of Punjab and Others

Date of Judgment: 15 October 2026

Citation: CRWP-279-2026

Bench: Justice Sumeet Goel

Held: The Punjab and Haryana High Court held that the welfare of a minor child is the paramount consideration in custody disputes, and custody of a child of tender age should ordinarily remain with the mother, whose affection, care and nurturing are essential for the child’s development. The Court further observed that the availability of remedies under guardianship laws does not bar the exercise of habeas corpus jurisdiction where the circumstances warrant immediate intervention in the child’s best interests.

Summary: The petitioner-mother sought custody of her six-year-old daughter through a habeas corpus petition, alleging that her in-laws had forcibly taken the child when she left her matrimonial home following alleged harassment. Despite approaching the police and attempting reconciliation, custody was not restored.

The private respondents opposed the petition, contending that the mother had voluntarily left the matrimonial home and that the child was being properly cared for by her grandparents.

Relying on Veerpal Kaur v. State of Punjab and the principles laid down by the Supreme Court in child custody matters, the High Court reiterated that custody disputes cannot be determined merely on the basis of the status or competing claims of parents and relatives; the child’s overall welfare must prevail.

The Court noted that the mother was financially capable, and no material had been produced to establish that she was unfit to care for her daughter. Considering the child’s tender age and need for maternal care, the Court found that her welfare would presently be better served in her mother’s custody.

The Court clarified that permanent custody ordinarily requires comprehensive adjudication by the competent court, but such proceedings do not preclude appropriate relief in habeas corpus jurisdiction.

Decision: The High Court allowed the mother’s claim for custody and directed the private respondents to hand over the minor child before the Chief Judicial Magistrate, Gurdaspur. The Magistrate was authorised to secure compliance with assistance from the Senior Superintendent of Police, Gurdaspur, if necessary.

Click here to Read/Download the Order

If You Need Any Help Contact LaWGiCo

+91 7388255933

Contact us today!

image

Whether you’re a litigant, a legal counsel, or a corporation — LaWGiCo bridges the gap between law and accessibility.

Quick Links

  • Home
  • Features
  • FAQ
  • Law Updates
  • Contact Us

Resources

  • About us
  • Privacy Policy
  • Cookie Policy
  • Terms & Conditions

Contact us

268 GR FLR HIMSHIKHA COLONY PANCHKULA C.R.P.F. Pinjore Panchkula Haryana India 134104

+91 7388255933

lawgiconivisam@gmail.com

Open Time

Opening Day:
Monday - Friday: 8am to 6pm
Saturday: 9am to 5pm

Vacation:
All Sunday's

Copyright © 2025 LaWGiCo | All Rights Reserved