Mother returns from Australia to get son amid custody battle, uncle goes to court

The Punjab and Haryana High Court stressed the child’s wishes in an ongoing custody dispute between his parents.

3 min readChandigarhUpdated: Apr 30, 2025 05:45 PM IST

Punjab and Haryana High Court on child Custody

The case dates back to 1999 when Pritpal Singh and Jagjit Singh paid Rs 15 lakh to Charanjit, a native of Bathinda, through her relative and co-accused Gurlabh Kaur, after being promised Canadian visas. (File Image)

The Punjab and Haryana High Court stressed the child’s wishes in an ongoing custody dispute between his parents.

The Punjab and Haryana High Court recently dismissed a petition seeking a writ of habeas corpus to secure the release of a 12-year-old boy from the alleged illegal custody of his mother, and upheld her custody, emphasising the child’s welfare and his ability to express a rational preference at his age.

The petition, filed by the child’s uncle, claimed the mother had unlawfully taken the child from his habitual residence while his father was on a business trip abroad. The dispute arose from a strained family situation, with a guardianship petition already pending before a family court in Gurgaon between the child’s parents.

The child’s uncle said that when his father was away, on April 24, the mother allegedly entered his office, took the child’s passport, and removed him from his home in the early hours. The petitioner argued that she intended to take the child to Australia, where she resides, without consent, prompting the habeas corpus plea.

However, the mother countered that the child had contacted her in distress, pleading for her to take him away after being left with a house help during his father’s absence. She said she flew from Australia to comfort her son, asserting her rights as a natural guardian. Evidence, including call logs and messages, supported her claim that the child had asked her to book tickets.

Justice Brar based his decision on the legal recognition of both parents as natural guardians under Section 6 of the Hindu Minority and Guardianship Act, 1956, and ruled out any basis for kidnapping charges. “A parent cannot be implicated for kidnapping their own child as both the parents are their equal natural guardians,” said Justice Brar, clarifying that the mother’s actions did not amount to illegal detention.

The court referenced Supreme Court precedents like Tejaswini Gaud vs Shekhar Jagdisg Prasad Tewari (2019) and Rosy Jacob vs Jacob A Chakramakkal (1973).

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“Welfare of the minor would reign supreme while deciding upon the matter of his custody,” Justice Brar said, highlighting that the child’s best interests take precedence.

Given the child’s age, the court acknowledged his ability to form a reasoned opinion about his circumstances. “It would be just and prudent for this Court to take into account the wishes and well-being of the detenu, who is 12 years old, and capable of forming a rational opinion about his living situation,” The judgment noted.

With the guardianship case still pending, the court declined to interfere, leaving the issue to be resolved through the ongoing legal process.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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