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.