P&H: Physical custody of minor child in boarding school, orders immediate handover of 6-year-old boy to mother in habeas corpus plea

punjab-haryana
⚖️ Order Date: 09 Sep 2026
Headnotes

Constitution of India, Article 226 — Habeas corpus — Physical custody of minor child in boarding school — Where minor child was physically in custody of a boarding school and not in physical custody of father, and school had no order of competent court authorising...


Facts of the Case

P&H: Physical custody of minor child in boarding school, orders immediate handover of 6-year-old boy to mother in habeas corpus plea

The Punjab and Haryana High Court has directed a boarding school in SBS Nagar to hand over a six-year-old boy to his mother, holding that the child’s present physical custody was not legally justified.

The petition was filed by Ramanpreet Kaur under Article 226 of the Constitution, seeking a writ of habeas corpus for the production and restoration of custody of her minor son, Sahibjot Singh. She alleged that her husband had brought her and the child from New Zealand to India on the pretext of visiting relatives, administered an intoxicating substance to her, and left with the child while...

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