CRWP-5750 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (203) JYOTI STATE OF CORAM: Present: ALOK JAIN, 1. with his father present. 2. of the detenue and respondent No. 5 is the father of the detenue. The marriage between the petitioner and respo 18.04.2014, however, subsequently, the petitioner and respondent No. 5 have been living separately since 21.0 alleged that respondent No. 5 illegally and in contravention to the agreement betw custody which has led to filing of this petition. 5750-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus STATE OF PUNJAB AND OTHERS HON’BLE MR. JUSTICE ALOK JAIN **** Ms. Shelika, Advocate for the petitioner. **** ALOK JAIN, J. (Oral) In furtherance to the order dated 29.05.2025 with his father-respondent No. 5 are present in Court. The petitioner is also Briefly the facts of the case are that the petitioner is the mother of the detenue and respondent No. 5 is the father of the detenue. The marriage between the petitioner and respondent No. 5 was solemnized on 18.04.2014, however, subsequently, the petitioner and respondent No. 5 have been living separately since 21.01.2022. As per the petition, it is alleged that respondent No. 5 illegally and in contravention to the agreement between the parties forcibly took away the detenue in his custody which has led to filing of this petition. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-5750-2025 Date of Decision:- 03.06.2025 ……Petitioner ……Respondents ALOK JAIN , Advocate for the petitioner. In furtherance to the order dated 29.05.2025, the detenue along respondent No. 5 are present in Court. The petitioner is also Briefly the facts of the case are that the petitioner is the mother of the detenue and respondent No. 5 is the father of the detenue. The ndent No. 5 was solemnized on 18.04.2014, however, subsequently, the petitioner and respondent No. 5 .2022. As per the petition, it is alleged that respondent No. 5 illegally and in contravention to the een the parties forcibly took away the detenue in his custody which has led to filing of this petition. .2025 ……Petitioner ……Respondents e detenue along respondent No. 5 are present in Court. The petitioner is also Briefly the facts of the case are that the petitioner is the mother of the detenue and respondent No. 5 is the father of the detenue. The ndent No. 5 was solemnized on 18.04.2014, however, subsequently, the petitioner and respondent No. 5 .2022. As per the petition, it is alleged that respondent No. 5 illegally and in contravention to the een the parties forcibly took away the detenue in his PARUL 2025.06.04 17:31 I attest to the accuracy and authenticity of this document CRWP-5750 3. was abiding her paramour father of the petitioner the same, respondent No. 5 has brought the child in his custody. 4. This Court has interacted with the stay with his father only. The and is well-oriented and understands everything. 5. the following directions: 1. Respondent No. 5 shall ensure that the petitioner at least twice in a week through mobile phone including a video call also. 2. In case, the child desires to visit or spen the same shall also be done, however, with prior intimation in the Police Station or beat box of Dashmesh Nagar, Nayagaon. 3. In case, the petitioner wishes to get the custody of the child, she is at liberty to take appropriate s 4. It is made clear that this interim arrangement shall stay in place only till any specific order is passed by the Court of competent jurisdiction. 6. the interest o either of the parties. 7. settlement also as both the parties seem to be well 5750-2025 -2- Respondent No. 5 appeared in person was abiding the terms of the agreement but since the petitioner her paramour and the child was left without the mother father of the petitioner informed him about the above the same, respondent No. 5 has brought the child in his custody. The detenue is 09 years old boy and is present This Court has interacted with the child, where he has expressed his wish to stay with his father only. The child is a school going boy and is in 5 oriented and understands everything. In light of the above, the present petition is disposed of with the following directions: espondent No. 5 shall ensure that the petitioner at least twice in a week through mobile phone including a video call also. In case, the child desires to visit or spen the same shall also be done, however, with prior intimation in the Police Station or beat box of Dashmesh Nagar, Nayagaon. In case, the petitioner wishes to get the custody of the child, she is at liberty to take appropriate steps in accordance with law. It is made clear that this interim arrangement shall stay in place only till any specific order is passed by the Court of competent jurisdiction. The above directions are issued only to protect and safeguard the interest of the child and is not an expression or opinion in favour of either of the parties. It is open to the parties to explore a possibility of an amicable settlement also as both the parties seem to be well in person has submitted that he the agreement but since the petitioner eloped with the child was left without the mother. Consequently, the informed him about the above said fact. Facing with the same, respondent No. 5 has brought the child in his custody. The detenue is 09 years old boy and is present in Court today. , where he has expressed his wish to is a school going boy and is in 5th class oriented and understands everything. present petition is disposed of with espondent No. 5 shall ensure that the child interacts with the petitioner at least twice in a week through mobile phone including a In case, the child desires to visit or spend some time with the mother, the same shall also be done, however, with prior intimation in the Police Station or beat box of Dashmesh Nagar, Nayagaon. In case, the petitioner wishes to get the custody of the child, she is at teps in accordance with law. It is made clear that this interim arrangement shall stay in place only till any specific order is passed by the Court of competent The above directions are issued only to protect and safeguard not an expression or opinion in favour of It is open to the parties to explore a possibility of an amicable settlement also as both the parties seem to be well-oriented and matured has submitted that he eloped with . Consequently, the . Facing with in Court today. , where he has expressed his wish to lass present petition is disposed of with interacts with the petitioner at least twice in a week through mobile phone including a d some time with the mother, the same shall also be done, however, with prior intimation in the In case, the petitioner wishes to get the custody of the child, she is at It is made clear that this interim arrangement shall stay in place only till any specific order is passed by the Court of competent The above directions are issued only to protect and safeguard not an expression or opinion in favour of It is open to the parties to explore a possibility of an amicable oriented and matured PARUL 2025.06.04 17:31 I attest to the accuracy and authenticity of this document CRWP-5750 and since, admittedly they separately for last more than three years goes a long way to show the same. 8. the mother then mother is specifically restrained from taking the of Police Station D 9. June 03, 202 parul 5750-2025 -3- and since, admittedly they have not entered into any litigation despite living separately for last more than three years goes a long way to show the same. It is further made clear that, in case then that will not amount to shift the custody mother is specifically restrained from taking the of Police Station Dashmesh Nagar, Nayagaon, District SA Disposed of with the above-said directions. , 2025 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No have not entered into any litigation despite living separately for last more than three years goes a long way to show the same. in case, the child wishes or meets that will not amount to shift the custody of the child and the mother is specifically restrained from taking the child out of the jurisdiction gar, Nayagaon, District SAS Nagar Mohali. said directions. (ALOK JAIN) JUDGE Yes/No Yes/No have not entered into any litigation despite living the child wishes or meets and the tion PARUL 2025.06.04 17:31 I attest to the accuracy and authenticity of this document