Child's Comfort In Mother's Lap A 'Poignant Reminder' Of What Matters In Custody Cases: P&H High Court

The Punjab and Haryana High Court has disposed of a habeas corpus petition filed by a mother seeking the return of her minor son, after the father agreed in Court to hand the child back to her. The dispute had also involved proceedings before the Family Court at Christchurch, New Zealand.

Justice Neerja K. Kalson recorded a moment from the hearing,

“When the minor child was placed in the lap of his mother, the happiness and comfort reflected in his demeanour were unmistakable. The moment served as a poignant reminder that beyond the competing claims and differences of the parents lies the emotional well-being of an innocent child, which must always remain the foremost consideration in matters of custody.”

The mother approached the High Court alleging that the father had taken the child away from her.

The Court said it made “earnest efforts” to explore an amicable resolution, keeping in view “the paramount consideration of the welfare and well-being of the minor child”. The father was initially reluctant to give up custody, so the matter was referred to mediation, which failed.

When the matter came back to it, the Court decided to try once more, citing “the tender age of the child and the emotional consequences of the continuing dispute between his parents”. The parties were given another opportunity to reconsider their positions, and with the Court's intervention and the assistance of counsel, they reached a settlement.

The parties made a joint statement in Court, under which the father handed over custody of the child to the mother in Court that day and he undertook to hand over the child's passport and other documents to the mother the next day at Police Station Division No. 1, Pathankot;

The mother undertook to arrange a telephone conversation between the child and the father every weekend and she also undertook to let the father meet the child at the airport before they leave the country.

The Court said it was “heartening” that the parents had chosen to set aside their differences, at least on custody.

It added, “This Court hopes and expects that both parents shall honour the commitments made before it in letter and spirit and shall ensure that their personal differences do not come in the way of the child's upbringing, emotional security and overall welfare.”

The petition was disposed of in terms of the settlement. The Court clarified that the child's welfare remains the paramount consideration, and that the arrangement is subject to any further orders passed by a court of competent jurisdiction.

Appearances: Mr. Dinesh Mahajan, Advocate, with the petitioner in person;

Mr. Nitesh Sharma, DAG, Punjab;

Mr. Swarn Sharma and Mr. Vishal Jartyal, Advocates, with respondent No. 4 in person.