Writ of habeas corpus – Extra-marital relationship of mother -- Effect of – Extramarital relationship, the same by itself cannot lead to the conclusion that she would not be a good mother to deny her the custody of her child – Petitioner-mother and respondent-husband have divorced and a decree in this regard has been passed by a court in Australia -- Child is under five years of age, she is an Australian citizen and the petitioner is fairly well settled in Australia – It would be in the best interest and welfare of the child if her custody is handed to the petitioner-mother.

(P&H HC) Decided on: 10.05.2021

Writ of habeas corpus – Foreign judgment of divorce and custody – Effect of -- Parties had gone to Australia in furtherance of their career prospects -- Child was born in Australia and in initial years was brought up there – Petitioner-mother and respondent-father have divorced and a decree in this regard has been passed by a court in Australia – Order had been passed by the Federal court in Australia, directing the respondent-father to return the child to Australia -- Judgment of a foreign court would not be the only factor while considering the issue of custody of a child to a parent -- It would only be one of the factors for consideration and would be subservient to the paramount consideration of the interest and welfare of the child – When there is an order of the Australian Court, the child is under five years of age, she is an Australian citizen and the petitioner is fairly well settled in Australia – Court considered that it would be in the best interest and welfare of the child if her custody is handed to the petitioner-mother.

(P&H HC) Decided on: 10.05.2021

Writ of habeas corpus – Paramount consideration – For issuance of a writ of habeas corpus for the custody of a child as what is of paramount consideration is the interest and welfare of the child.

(P&H HC) Decided on: 10.05.2021

Minor child – Appointment of Guardian -- Section 17 of the Guardian Act as well as Section 13 of the Minority Act leave no manner of doubt that the welfare of the minor is the paramount consideration to be kept in mind by the Court while appointing a guardian.

(P&H HC) Decided on: 26.03.2021

Minor daughter -- In the application pleaded case that the petitioner is a postgraduate and that she worked as a teacher in Delhi Public School for 10 long years not controverted by the respondent in his written statement and thus, it can safely be concluded that the petitioner is a well-educated and qualified lady -- During the course of arguments, it has been submitted that she has taken up a job as a teacher in a school in Panchkula in June-July, 2019 after she resigned from Delhi Public School in February, 2019 -- Respondent has not been able to controvert this statement and thus, it can also be concluded that she possesses means to maintain her children -- Best interests of the children lie in the custody of their mother – Girl is under 05 years of age and in view of Section 6(a) of the Minority Act, her best interests would definitely be served in the custody of the mother – Other daughter cannot be separated from his sister as the same would traumatize both of them -- Impugned order passed by the trial Court is set aside, direction given for transfer of custody of the minor children to the petitioner within 07 days -- Respondent/ father shall have visitation rights on 1st and 3rd Saturday of every month.

(P&H HC) Decided on: 26.03.2021

Minor – Writ of habeas corpus – Maintainability of -- Writ of habeas corpus would be maintainable to seek the custody of the minor child who is at the tender age of about 4 years.

(P&H HC) Decided on: 02.03.2021

Minor children below 5 years -- On the date of separation from the husband, the daughter was about 2 ½ years of age and the son was about 5 years of age -- Application for interim custody by mother rejected on the ground that the father is looking after the minor children very well – At the time of passing impugned order, boy was 8 years and girl 4-1/2 years old – Held, proviso to Section 6(a) states that custody of a minor below 5 years of age shall ordinarily be with the mother, it does not stipulate that under all circumstances a child below 5 years must remain in the company of the mother -- Children are getting all the love, affection and care from their father -- There is no bar in law in their custody remaining with the father -- Revision petition filed by mother dismissed.

(P&H HC) Decided on: 26.02.2021

Better education – Respondent-mother is an educated lady and when the custody of the daughter was given to her mother during the examinations period, her results were good, meaning thereby, the respondent-mother is more capable of providing quality education to her daughter than the appellant-father which is the most essential ingredient for the welfare, betterment and all round developments of the minor girl -- Thus, there is no occasion to displace her residence by giving custody of the girl child to the appellant-father.

(P&H HC) Reserved on 05.02.2021 Decided on: 25.02.2021

Female child – Respondent-mother is the best person to educate and bring up her minor daughter and to effectively take care of her interest and welfare -- Mother shapes child’s world from the cradle by rocking, nurturing and instructing her child -- Particularly, the company of a mother is more valuable to a growing up female child unless there are compelling and justifiable reasons, a child should not be deprived of the company of the mother -- Especially for a growing girl of the age of 13 years which is her crucial phase of life being the major shift in thinking biologically which may help her to understand more effectively with the help of her mother and at this crucial teen age, her custody with the mother is necessary for her growth -- At this growing age, daughter looks for mother/a female companion with whom she can share and discuss certain issues comfortably -- There would be so many things which a daughter could not discuss with her father and as such mother shall be the best person to take care of her daughter at this growing age.

(P&H HC) Reserved on 05.02.2021 Decided on: 25.02.2021

Female child – Visiting rights to father -- Keeping in view the fact that a child needs the love and affection of both the father and the mother and anticipating optimistically that the girl child may serve as a bridge to fill the gap between the parents and the father-appellant also being the natural guardian of the girl child, the appellant-father is given visitation rights for meeting his daughter and for this purpose, he shall be at liberty to visit the child twice a month preferably on 2nd and 4th Saturday(s) at the place and time mutually agreed between the parties and the respondent-mother shall not object to him meeting with the child and the respondent-mother will also allow the child to meet with the father during school vacations or on appropriate occasions.

(P&H HC) Reserved on 05.02.2021 Decided on: 25.02.2021