Children Are Not Pawns”: Punjab & Haryana High Court Transfers Custody to Mother After Father's Drunken Assault on Advocate and Defiance of Court Order

“In a dispute between a couple, the children are being used as pawns… this Court deems it appropriate to hand over custody to the mother”: Punjab & Haryana High Court acts to protect children from trauma and violence in bitter custody battle 

In an extraordinary order passed by the Punjab and Haryana High Court, expressing deep concern over the well-being of three minor children caught in a custodial conflict, transferred the interim custody of two minor daughters from the father to the mother. This decision came after a serious courtroom incident where the respondent-father, in a drunken state, physically assaulted the petitioner’s counsel, defied prior court orders, and showed continued contempt for legal authority.

The matter, registered as COCP-5131-2024 (O&M), pertains to a contempt petition filed by Baljeet Kaur against Vimal Prakash, alleging violation of previous custodial arrangements ordered by the Court.

“Custody Cannot Be Allowed to Remain with a Parent Who Defies Orders and Threatens Lawyers”: Court Takes Stern View of Respondent’s Contemptuous Conduct

In an earlier order dated September 25, 2025, the Court had recorded that the parties—estranged parents—were completely failing to act in the interest of their three children, who had not met or spoken to each other for a long time. At that time, the Court had directed that the father should bring the two younger children to the mother’s residence on October 2, 2025, for a full-day visitation with their elder sister and mother.

However, as recorded in the latest order, the respondent willfully disobeyed the directive, bringing the children five hours late at 7:00 PM and taking them back within an hour, thereby frustrating the intent of the Court's direction. The Court noted that this was not merely a lapse, but a deliberate act of defiance.

Worse still, during the hearing on October 8, 2025, it was brought to the Court’s notice that:

“During the lunch break, the respondent hit the counsel for the petitioner and that he was in a totally drunken state… the Police was called on the spot who have taken the respondent in custody.”

The President of the Punjab and Haryana High Court Bar Association, Mr. Sartej Singh Narula, personally apprised the Court that the respondent was in custody at Sector 3 Police Station and that the Bar Association would extend full support to the petitioner’s counsel in initiating appropriate legal proceedings.

“Children Expressed Willingness to Accompany the Mother”: Court Orders Immediate Transfer of Custody as Interim Protection

Given the gravity of the respondent’s conduct, which included:

• Drunkenness within court premises

• Physical assault on an officer of the court

• Violation of custody orders

• Improper entry into court without an entry pass

the Court held that interim custody of the children must be urgently transferred to protect their physical and psychological welfare.

Justice Alka Sarin, after personally interacting with the minor children present in court, observed:

“Both the children whose custody is with the respondent-father have expressed their willingness to accompany the petitioner-mother. The petitioner-mother… has assured this Court that she would take care of both the children till such time as further orders are passed.”

Accordingly, the Court handed over custody of both minor daughters—Baby KXXXX and Baby PXXXX—to the mother, Baljeet Kaur, as an interim measure, pending further orders.

“Unfortunate That Children Are Being Used as Pawns”: Court Cautions Both Parties to Prioritize Welfare of Children Over Parental Disputes

In its earlier observations, the Court had expressed serious concern that the ongoing matrimonial dispute was causing irreparable emotional damage to the children, who were being forcibly separated from their siblings, with no communication or interaction allowed.

The bench had noted: “It is unfortunate that in a dispute between a couple, the children are being used as pawns… no effort is being made by either of the parties to at least ensure that the siblings remain in touch with each other.”

This context added further weight to the decision to reunite the siblings under the care of the mother, particularly in light of the father's violent conduct and disregard for the court’s attempt at restorative parenting arrangements.

“Adequate Police Help Will Be Provided”: UT Administration Directed to Ensure Safety of Petitioner and Children

Taking note of the petitioner’s apprehension of further harassment or violence from the respondent-father after the change in custody, the Court issued directions to the Chandigarh Police. Mr. Manish Bansal, Public Prosecutor for UT Chandigarh, assured the Court that full protection would be provided to the petitioner and the minor children.

The Court recorded:

“This Court is sanguine that adequate security would be provided in order to safeguard the life and interest of the minor children as well as the petitioner.”

Next Date of Hearing: 31.10.2025 – Status of Custody and Contempt Proceedings to Be Reviewed

The matter has now been listed for further proceedings on October 31, 2025, with the custody arrangement remaining in favour of the petitioner-mother in the interim.

The assault on the advocate, violation of judicial orders, and unauthorized entry into the Court premises by the respondent will likely form the basis for further action, potentially including initiation of criminal contempt proceedings, besides any prosecution under applicable penal laws.

This case represents a stark reminder of how child custody battles must be handled with utmost sensitivity and legal clarity. When one party uses children to weaponize a dispute, or shows contempt for judicial authority, Courts are compelled to intervene swiftly to protect minors from trauma and instability.

The Punjab and Haryana High Court’s order, while grounded in legal procedure, is also deeply conscious of the emotional and psychological harm inflicted on children in family disputes. Its firm yet humane approach underscores the judiciary’s commitment to child welfare above all else, and reinforces the principle that custody rights carry responsibilities—not power to control or punish.

Date of Order: October 8, 2025