P&H: Declines Habeas Corpus in Child Custody Dispute, Says Family Court Is Proper Forum The Punjab and Haryana High Court has dismissed a habeas corpus petition filed by Sukhjit Kaur seeking custody of her two minor children, holding that the dispute was essentially a custody battle between parents and could not be decided in writ jurisdiction. Children were minors and were in the custody of their natural father, the respondent. The petitioner claimed that she
P&H: Declines Habeas Corpus in Child Custody Dispute, Says Family Court Is Proper Forum
punjab-haryana
⚖️ Order Date:
04 Jun 2026
Headnotes
Custody of Child — Minor children in custody of natural father — Dispute is primarily between parents regarding custody of children and involves an intricate question of fact as to in whose custody minors will grow better - Since such an issue requires evidence and cross-examination, it cannot be determined in habeas corpus petition - Appropriate remedy is to approach Family Court by filing petition for custody of child. (Constitution of India, Article 226). (Paras 6
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punjab haryana
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