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Punjab & Haryana High Court refuses to suspend father’s visitation rights in custody dispute

Justice Sumeet Goel of the Punjab and Haryana High Court dismisses writ petition filed by a divorced woman seeking protection and restraint on her ex-husband, directs her to approach the family court.

4 min readChandigarhDec 17, 2025 06:48 PM IST

In his judgment, Justice Sumeet Goel emphasised that the paramount consideration in all matters relating to the custody of a minor is the welfare and best interests of the child. (File Photo)

The Punjab and Haryana High Court on Wednesday dismissed a writ petition filed by a divorced woman and her minor son seeking police protection and a direction to restrain her ex-husband from exercising court-ordered visitation rights over the boy, ruling that such disputes over child custody and visitation cannot be resolved in summary writ proceedings and must be taken to the competent family court.

In his judgment, Justice Sumeet Goel emphasised that the paramount consideration in all matters relating to the custody of a minor is the welfare and best interests of the child. However, he held that this determination requires a detailed evidence-based inquiry, including interaction with the child and expert testimony where needed, which is not possible in the limited scope of writ jurisdiction.

“The writ of Habeas Corpus is not a substitute for the comprehensive and evidence-based procedures available under applicable guardianship statutes,” the court observed, quoting from its earlier decision in Veerpal Kaur v State of Punjab (2025). It added that writ courts should ordinarily exercise restraint and refer such disputes to statutory forums unless exceptional circumstances demand urgent intervention.

The woman and her 14-year-old son approached the court alleging that the father had misused visitation rights granted under a 2018 mutual consent divorce decree from a Pune civil court. The mother claimed permanent custody while the father had stipulated visitation rights. She accused him of harassing the child during visits in July 2023, causing severe mental trauma that made the boy fearful and reluctant to meet his father. She further alleged that the father manhandled her elderly mother and tried to forcibly take the child at a Panchkula bus stop on August 9, 2023.

Despite complaints made to the Panchkula police in August 2023, no FIR was registered, prompting the writ petition for protection of life and liberty under Article 21 of the Constitution.

The father denied the allegations, calling them exaggerated and an attempt to alienate the child from him. A police status report filed in February 2024 stated that the inquiry revealed no evidence of harassment and that the August incident arose from a tussle over handing over the child as per the Pune court order. It concluded that no cognisable offence was made out and advised the parties to approach the civil court.

‘Can’t sit in appeal over Pune family court’s decree’

Justice Goel noted that the allegations raised disputed questions that cannot be decided in writ proceedings. He ruled that granting the mother’s prayer to restrain the father from meeting the child would effectively amount to modifying the 2018 Pune decree, which the high court cannot do in writ jurisdiction, especially since it is not the supervisory court over the Pune judgment.

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“Entertaining prayers which seek alteration, suspension or modification of the visitation condition(s) would amount to sitting in appeal over the judgment and decree passed by the Family Court at Pune,” the judgment stated.
On the claim of police inaction, the court held that statutory remedies under the Criminal Procedure Code for compelling FIR registration must first be exhausted. It found no material indicating an imminent threat warranting extraordinary writ relief.

While dismissing the petition, the court clarified that the mother is free to seek modification of visitation rights or other remedies before the appropriate family court or under criminal law. It added that observations in the judgment are limited to the writ petition and will not affect other proceedings.

The court acknowledged that interim orders passed earlier during the pendency of the petition had already safeguarded the petitioners’ safety.

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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