The High Court
Case Details
CRWP-5750 5750-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (203) JYOTI CRWP-5750-2025 .2025 Date of Decision:- 03.06.2025 ……Petitioner ……Petitioner Versus STATE OF PUNJAB AND OTHERS STATE OF ……Respondents ……Respondents CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN Present: , Advocate for the petitioner. Ms. Shelika, Advocate for the petitioner. **** **** ALOK JAIN, J. (Oral) ALOK JAIN, 1. e detenue along In furtherance to the order dated 29.05.2025, the detenue along In furtherance to the order dated 29.05.2025 respondent No. 5 are present in Court. The petitioner is also with his father-respondent No. 5 are present in Court. The petitioner is also respondent No. 5 are present in Court. The petitioner is also with his father present. 2. Briefly the facts of the case are that the petitioner is the mother Briefly the facts of the case are that the petitioner is the mother Briefly the facts of the case are that the petitioner is the mother of the detenue and respondent No. 5 is the father of the detenue. The of the detenue and respondent No. 5 is the father of the detenue. The of the detenue and respondent No. 5 is the father of the detenue. The of the detenue and respondent No. 5 is the father of the detenue. The ndent No. 5 was solemnized on marriage between the petitioner and respondent No. 5 was solemnized on ndent No. 5 was solemnized on marriage between the petitioner and respo 18.04.2014, however, subsequently, the petitioner and respondent No. 5 18.04.2014, however, subsequently, the petitioner and respondent No. 5 18.04.2014, however, subsequently, the petitioner and respondent No. 5 18.04.2014, however, subsequently, the petitioner and respondent No. 5 .2022. As per the petition, it is have been living separately since 21.01.2022. As per the petition, it is .2022. As per the petition, it is have been living separately since 21.0 alleged that respondent No. 5 illegally and in contravention to the alleged that respondent No. 5 illegally and in contravention to the alleged that respondent No. 5 illegally and in contravention to the alleged that respondent No. 5 illegally and in contravention to the een the parties forcibly took away the detenue in his agreement between the parties forcibly took away the detenue in his een the parties forcibly took away the detenue in his agreement betw custody which has led to filing of this petition. custody which has led to filing of this petition. custody which has led to filing of this petition. PARUL 2025.06.04 17:31 I attest to the accuracy and authenticity of this document CRWP-5750 5750-2025 -2- 3. Respondent No. 5 appeared in person has submitted that he in person has submitted that he was abiding the terms of the agreement but since the petitioner was abiding eloped with the agreement but since the petitioner eloped with her paramour and the child was left without the mother her paramour . Consequently, the the child was left without the mother. Consequently, the father of the petitioner informed him about the above father of the petitioner . Facing with informed him about the above said fact. Facing with the same, respondent No. 5 has brought the child in his custody. the same, respondent No. 5 has brought the child in his custody. the same, respondent No. 5 has brought the child in his custody. 4. in Court today. The detenue is 09 years old boy and is present in Court today. The detenue is 09 years old boy and is present , where he has expressed his wish to This Court has interacted with the child, where he has expressed his wish to , where he has expressed his wish to This Court has interacted with the stay with his father only. The child is a school going boy and is in 5 stay with his father only. The is a school going boy and is in 5th class lass oriented and understands everything. and is well-oriented and understands everything. oriented and understands everything. 5. present petition is disposed of with In light of the above, the present petition is disposed of with present petition is disposed of with the following directions: the following directions: interacts with the espondent No. 5 shall ensure that the child interacts with the espondent No. 5 shall ensure that the 1. Respondent No. 5 shall ensure that the petitioner at least twice in a week through mobile phone including a petitioner at least twice in a week through mobile phone including a petitioner at least twice in a week through mobile phone including a petitioner at least twice in a week through mobile phone including a video call also. video call also. d some time with the mother, In case, the child desires to visit or spend some time with the mother, In case, the child desires to visit or spen 2. In case, the child desires to visit or spen the same shall also be done, however, with prior intimation in the the same shall also be done, however, with prior intimation in the the same shall also be done, however, with prior intimation in the the same shall also be done, however, with prior intimation in the Police Station or beat box of Dashmesh Nagar, Nayagaon. Police Station or beat box of Dashmesh Nagar, Nayagaon. Police Station or beat box of Dashmesh Nagar, Nayagaon. In case, the petitioner wishes to get the custody of the child, she is at 3. In case, the petitioner wishes to get the custody of the child, she is at In case, the petitioner wishes to get the custody of the child, she is at In case, the petitioner wishes to get the custody of the child, she is at teps in accordance with law. liberty to take appropriate steps in accordance with law. liberty to take appropriate s It is made clear that this interim arrangement shall stay in place only 4. It is made clear that this interim arrangement shall stay in place only It is made clear that this interim arrangement shall stay in place only It is made clear that this interim arrangement shall stay in place only till any specific order is passed by the Court of competent till any specific order is passed by the Court of competent till any specific order is passed by the Court of competent till any specific order is passed by the Court of competent jurisdiction. jurisdiction. 6. The above directions are issued only to protect and safeguard The above directions are issued only to protect and safeguard The above directions are issued only to protect and safeguard not an expression or opinion in favour of the interest of the child and is not an expression or opinion in favour of not an expression or opinion in favour of the interest o either of the parties. either of the parties. 7. It is open to the parties to explore a possibility of an amicable It is open to the parties to explore a possibility of an amicable It is open to the parties to explore a possibility of an amicable oriented and matured settlement also as both the parties seem to be well-oriented and matured settlement also as both the parties seem to be well settlement also as both the parties seem to be well PARUL 2025.06.04 17:31 I attest to the accuracy and authenticity of this document CRWP-5750 5750-2025 -3- have not entered into any litigation despite living and since, admittedly they have not entered into any litigation despite living have not entered into any litigation despite living and since, admittedly they separately for last more than three years goes a long way to show the same. separately for last more than three years goes a long way to show the same. separately for last more than three years goes a long way to show the same. 8. It is further made clear that, in case the child wishes or meets in case, the child wishes or meets the mother then then that will not amount to shift the custody and the that will not amount to shift the custody of the child and the tion mother is specifically restrained from taking the child out of the jurisdiction mother is specifically restrained from taking the mother is specifically restrained from taking the of Police Station Dashmesh Nagar, Nayagaon, District SA of Police Station D gar, Nayagaon, District SAS Nagar Mohali. 9.
Decision
said directions. Disposed of with the above-said directions. June 03, 202 parul , 2025 (ALOK JAIN) JUDGE Whether speaking/reasoned:- Whether Reportable:- Yes/No Yes/No Yes/No Yes/No PARUL 2025.06.04 17:31 I attest to the accuracy and authenticity of this document