While observing that in a patriarchal society it is a common practice to raise questions against the moral character of a woman, the Punjab and Haryana High Court granted custody of a four- year old child to her mother. The Court observed that,
“Even assuming a woman is or has been in an extramarital affair, the same by itself cannot lead to the conclusion that she would not be a good mother to deny the custody of her child”.
The Bench of Justice Anupinder Singh Grewal was dealing with the plea of a mother, who approached the High Court for the issuance of Writ of Habeas Corpus- in order to get the custody of her minor child.
Factual Background
The petitioner along with her husband went to Australia in furtherance of their career prospects and they started working there. A girl child was born to them and in her initial years, she was brought up there.
The Court observed that the mother had permanent residency in Australia and that she was earning 70,000/- Australian dollars per annum and that a handsome sum would be payable to her for the maintenance of the child by the Australian authorities.
The mother and the father had developed strained relations which lead to their separation and thereafter the woman filed a petition for divorce in the year 2019 in the Federal Circuit Court, however, prior to the finalization of the divorce decree, her Husband assured that they started living together.
Thereafter, they arrived in India in January 2020, and the Husband allegedly kept the passport of the child and took the child away. He also started threatening the child. The apprehension of fear compelled her to go back to Australia where she filed custody for her child in the Federal Circuit Court, Australia, and the Court passed an interim order in April 2020 issuing the direction to return the minor child to Australia.
Amid this, she moved to Punjab and Haryana High Court seeking the custody of the child.
Observation of the Court
Considering the Australian Court’s order and the age of the child (below five years), the Court was of the opinion that it was in the best interest of the child if the custody was given to the mother, considering that she was even permanently settled in Australia.
“Till the petitioner arrives in India to take the custody of the child,( the husband) shall ensure that the child interacts with the petitioner through video conferencing every Tuesday, Friday and Sunday at 1:00 p.m. or as mutually agreed by them”, the Court stated.
“On the arrival of the petitioner in India and after observing Covid-19 protocol, the custody of the child shall be handed over by respondent No.4”.
Case Details
Before: Punjab and Haryana High Court
Case Title: Mandeep Kaur v. the State of Punjab
Coram: Hon’ble Mr. Justice Anupinder Singh Grewal
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