P&H HC Confirms Interim Custody of Minor Child to Present Caregivers, Decline to Biological Mother

Chandigarh, 11th April 2023: In a significant ruling, the Punjab & Haryana High Court, in CRWP-822-2021 (O & M), has confirmed the interim custody of a minor child to the present caregivers, emphasizing the paramount consideration of the child's welfare. The judgment, delivered by Hon'ble Mr. Justice Sureshwar Thakur, addressed allegations of abandonment and surrender of custody by the biological mother.

The factual background of the case involved the petitioner, Manisha Maheshwari, who is the biological mother of the minor child, Santosh, also known as Archit. The child had been in the custody of co-respondents No. 5 and 6, who assumed custody in May/June 2018. The petitioner had allegedly surrendered the child's custody to co-respondent No. 4 through a disputed document, Annexure R-4/1.

During the proceedings, the Court took into account the interactions with the minor child and the report of the Child Welfare Committee, Sirsa. These sources revealed that the child expressed his happiness and desire to stay with co-respondents No. 5 and 6, whom he considered as his parents. The Court emphasized the child's welfare and the best care provided by the present caregivers, as evidenced by medical records and the child's admission to a reputable school.

The petitioner's counsel relied on the judgment in Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari (2019), arguing that the petitioner, as the biological mother, should be granted custody based on the child's best interests. However, the Court held that prima facie evidence suggested the petitioner's abandonment of the child and that the issue of custody should be determined by the civil court.

The Court further clarified that its decision confirmed the interim custody to the present caregivers until a final decision on custody is made by the Family Court. It cited previous judgments, including Manju Tiwari v. Dr. Rajendra Tiwari (1990) and Gippy Arora v. State of Punjab (2012), emphasizing the restoration of interim custody until the ultimate custody is determined by the appropriate authority.

The Court concluded by stating that its order should not be construed as an expression of opinion on the merits of the case or binding on future court proceedings. It reasserted the paramount consideration of the child's welfare and the need for a comprehensive determination of custody by the competent authority.

D.D 11.04.2023

Manisha Maheshwari vs State of Haryana and others