Punjab & Haryana High Court Orders Mother’s Custody of Minor Children After Academic Session; Grants Interim Care to Grandmother and Visitation Rights
Case Name: Raj Kumari v. State of Punjab & Others
Date of Judgment: October 31, 2025
Citation: CRWP-5609-2025
Bench: Hon’ble Mrs. Justice Manisha Batra
Held: The Punjab & Haryana High Court allowed a habeas corpus petition filed by a widow seeking custody of her two minor children from her mother-in-law and brother-in-law, directing that the custody be handed over to the mother after the completion of the current academic session on April 30, 2026. Justice Manisha Batra held that while the private respondents (grandmother, uncle, and aunt) were presently caring for the children, the mother, being the natural guardian under law, had the superior right to custody. The Court balanced the children’s welfare with academic stability by allowing interim weekend visitation to the mother and granting the grandparents post-transfer visitation rights.
Summary: The petitioner, Raj Kumari, filed a habeas corpus petition under Article 226 of the Constitution seeking custody of her minor son (10 years) and daughter (6 years), alleging that after her husband’s death in May 2022, her in-laws forcibly took away the children in September 2023 to claim her late husband’s service benefits. She alleged harassment and ill-treatment, contending that the children were being deprived of maternal care.
The respondents denied the allegations, asserting that they were providing proper care and education to the minors. The State’s status report confirmed that the children were living comfortably with the grandparents and attending school. The Court, however, reaffirmed that the mother’s right as natural guardian cannot be superseded by other relatives unless unfitness or incapacity is proven. Citing Tejaswini Gaud v. Shekhar Jagdish Prasad Tiwari (2019) 7 SCC 42 and Vivek Kumar Chaturvedi v. State of U.P. (2025 INSC 159), Justice Batra emphasized that habeas corpus is maintainable in child custody disputes where the natural guardian is unlawfully deprived of custody.
Decision: The Court directed that the children’s custody shall remain with the private respondents until April 30, 2026, to avoid disruption of their schooling. The mother shall be entitled to take the children home on alternate weekends—from Friday evening or Saturday morning to Sunday evening—until that date. Thereafter, custody shall be handed over to the petitioner in the presence of the local SHO on May 1, 2026. The grandparents shall retain visitation rights on the second Saturday of every month for one year thereafter.