141 IN THE HIGH COURT OF PUNJAB AND HARYANA Surabhi Bhasin State of Punjab and others CORAM: HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE Present: Mr. Mr. Maninder Singh, Addl. AG, Punjab. Mr. Bhawesh Chaudhary, Advocate for respondents N ASHWANI KUMAR MISHRA 1. This appeal arises out of an order passed by the learned Single Bench, dismissing the admitted fact that custody proceedings were Jurisdictional Court, where such relief 2. Learned counsel for the appellant submits that the child is less than five years of age and mother being be having the custody of the minor child 3. Learned counsel for the private respondents contends that the custody proceedings are pending before the Court concerned and in the event any application for visitation rig before the Court concerned, the respondents will not seek any adjournment, so that the issue is appropriately examined by the competent Court. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-1199 Date of Decision: Surabhi Bhasin Vs. State of Punjab and others HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE ROHIT KAPOOR Mr. Akshit Pathania, Advocate for the appellant. Mr. Maninder Singh, Addl. AG, Punjab. Mr. Bhawesh Chaudhary, Advocate for respondents N *** ASHWANI KUMAR MISHRA, J. (Oral) This appeal arises out of an order passed by the learned Single Bench, dismissing the habeas corpus filed by the appellant admitted fact that custody proceedings were Jurisdictional Court, where such relief could be claimed. Learned counsel for the appellant submits that the child is less than five years of age and mother being the natural guardian is supposed to be having the custody of the minor child Learned counsel for the private respondents contends that the custody proceedings are pending before the Court concerned and in the event any application for visitation rights or interim relief is filed by the appellant before the Court concerned, the respondents will not seek any adjournment, so that the issue is appropriately examined by the competent Court. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1199-2025 (O&M) ate of Decision: 19.08.2025 …Appellant …Respondents ASHWANI KUMAR MISHRA ROHIT KAPOOR Akshit Pathania, Advocate for the appellant. Mr. Maninder Singh, Addl. AG, Punjab. Mr. Bhawesh Chaudhary, Advocate for respondents No.4 and 5. This appeal arises out of an order passed by the learned Single filed by the appellant in view of the admitted fact that custody proceedings were otherwise pending before the could be claimed. Learned counsel for the appellant submits that the child is less the natural guardian is supposed to Learned counsel for the private respondents contends that the custody proceedings are pending before the Court concerned and in the event hts or interim relief is filed by the appellant before the Court concerned, the respondents will not seek any adjournment, so that the issue is appropriately examined by the competent Court. .4 and 5. This appeal arises out of an order passed by the learned Single in view of the otherwise pending before the Learned counsel for the appellant submits that the child is less the natural guardian is supposed to Learned counsel for the private respondents contends that the custody proceedings are pending before the Court concerned and in the event hts or interim relief is filed by the appellant before the Court concerned, the respondents will not seek any adjournment, RAJESH KUMAR 2025.08.22 09:46 I attest the accuracy and authenticity of this order/judgment. LPA-1199-2025 (O&M) [2] 4. Considering the fact that the child otherwise is living with the father for the last 1½ years and custody proceedings are pending before the Court concerned, we refrain from exercising our extra ordinary jurisdiction under Article 226 of the Constitution of India in the present letters patent appeal. However, the child being less than five years of age and in view of the statement made at the bar on behalf of counsel for the appellant that the mother has not been allowed to interact with the child for the last more than one year, we deem it appropriate to provide that if the appellant files an application for interim relief including visitation rights etc. before the Court concerned i.e. Principal Judge, Family Court, Kapurthala along with a copy of this order, the concerned Court shall accord consideration to such application either on the next date fixed before it or immediately thereafter, without granting any unnecessary adjournment to the opposite party. 5. Subject to the aforesaid observations, the instant appeal is disposed of. 6. All pending misc. application(s), if any, also stand disposed of. (ASHWANI KUMAR MISHRA) JUDGE (ROHIT KAPOOR) JUDGE 19.08.2025 rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No RAJESH KUMAR 2025.08.22 09:46 I attest the accuracy and authenticity of this order/judgment.