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2025 DAILYLAW 7666 (PNJ)

SUSHMA DEVI v. STATE OF PUNJAB AND OTHERS

CRWP/8741/2025 · 2026-07-10

Sanjay Vashisth

body2025

Judgment text

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CRWP-8741-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 251 CRWP-8741-2025 Date of Decision: 10.07.2026 SUSHMA DEVI ......Petitioner Vs. STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Navdeep Singh, Advocate and Ms. Gunjan Sachdeva, Advocate for the petitioner. Mr. Neeraj Madaan, Sr. DAG, Punjab. Mr. A.P.S. Tung, Advocate for respondent Nos.7 and 8. Mr. Sartaj Singh Thakur, Advocate (through V.C.) and Mr. Sahil Koundal, Advocate for respondent No.9. ***** SANJAY VASHISTH J. (Oral) 1. In compliance to the directions dated 20.05.2026, petitioner and respondent No.9 along with the minor child are present before this Court. Some deliberations were done with the parties in person inside the chamber of this Court, while Law Researchers, namely, Ms. Anmol Sharma and Ms. Surekha, deputed to this Court were also present through out the discussion. Despite the efforts to resolve the dispute for the well being of the nine-year old minor child, still petitioner was adamant against an amicable settlement and kept on insisting to get custody of the child. Thereafter, petitioner was granted an additional time of 10 minutes to re- POONAM RANI 2026.07.13 19:05 I attest to the accuracy and integrity of this document CRWP-8741-2025 -2- consider the suggestion given by this Court. However, when the matter was again taken up, petitioner appeared through her counsel and again expressed her complete denial to the Court’s suggestion. 2. In the aforementioned circumstances and on examining the record thoroughly, this Court notices that the present habeas corpus petition is filed by petitioner (mother) only for seeking custody of the child aged nine years, by levelling allegations against respondent No.9 i.e her husband. 3. At this stage, in the present petition, it cannot be concluded that the current custody of the child with the biological father is illegal. Moreover, relationship of the parents with their child and their bonding is sacred. If there is any merit in the allegations, a statutory remedy exists under the Guardians and Wards Act. It is always open for the concerned party to avail the remedy by filing an appropriate application/petition regarding child’s custody before the notified Court/Forum. 4. Petition, is thus dismissed. 5. However, it is observed that if any such petition for seeking custody of the child under the appropriate law is filed by the petitioner before the concerned Court, same be decided expeditiously, preferably within a period of eight months of its filing. 6. Pending misc. application(s), if any, also stand(s) disposed of. 10.07.2026 (SANJAY VASHISTH) P. Seth JUDGE Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No POONAM RANI 2026.07.13 19:05 I attest to the accuracy and integrity of this document