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,...

Constitution of India, Article 226 — Habeas Corpus — Maintainability — Custody of minors — Where detenues (minor children) are in custody of their natural guardian father, habeas corpus petition is not maintainable and deserves dismissal. (Para 10)


Facts of the Case

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 had been forcibly ousted from the matrimonial home and that the father had illegally taken custody of the children. She also alleged that the children shared strong emotional bonds with her and that their welfare would be adversely affected...

Login required to open full judgment PDF
Login to Access File