CRWP-8041 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 242 SARITA SHARMA @TARANPREET KAUR STATE OF PUNJAB & ORS. CORAM: HON'BLE MR. JUSTICE SURYA Present: SURYA PARTAP SINGH, J. Power of Attorney on behalf of respondent No.4. 2. No.4 that the minor children are present in the Court and that their custody should not be handed over to the petitioner as she is facing a prosecution under Section 306 of committed by the father of minor children. It has been further contended that the respondent No.4 is real sister of children and that the children want to stay with respondent No.4 only. As per learned counsel for the respondent No.4, in view of above, she best position to take care and look after the minor children. 8041-2026 (O&M)1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SARITA SHARMA @TARANPREET KAUR VERSUS STATE OF PUNJAB & ORS. CORAM: HON'BLE MR. JUSTICE SURYA Mr. Sukhmeet Singh, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab Mr. Mohit Vashishat, Advocate for the respondent No.4. **** SURYA PARTAP SINGH, J. (Oral): Mr. Mohit Vashishat, Advocate has put in Power of Attorney on behalf of respondent No.4. It has been contended by learned counsel for the respondent No.4 that the minor children are present in the Court and that their custody should not be handed over to the petitioner as she is facing a prosecution under Section 306 of Indian Penal Code, 186 committed by the father of minor children. It has been further contended that the respondent No.4 is real sister of and that the children want to stay with respondent No.4 only. As rned counsel for the respondent No.4, in view of above, she best position to take care and look after the minor children. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-8041-2026 (O&M) DECIDED ON: 17.07.2026 SARITA SHARMA @TARANPREET KAUR .....PETITIONER VERSUS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SURYA PARTAP SINGH Mr. Sukhmeet Singh, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. Mr. Mohit Vashishat, Advocate for the respondent No.4. Mr. Mohit Vashishat, Advocate has put in appearance and filed Power of Attorney on behalf of respondent No.4. It has been contended by learned counsel for the respondent No.4 that the minor children are present in the Court and that their custody should not be handed over to the petitioner as she is facing a prosecution Indian Penal Code, 1860 with regard to suicide committed by the father of minor children. It has been further contended that the respondent No.4 is real sister of the deceased-father of the minor and that the children want to stay with respondent No.4 only. As rned counsel for the respondent No.4, in view of above, she is in the best position to take care and look after the minor children. 2026 (O&M) DECIDED ON: 17.07.2026 .....PETITIONER RESPONDENTS appearance and filed It has been contended by learned counsel for the respondent No.4 that the minor children are present in the Court and that their custody should not be handed over to the petitioner as she is facing a prosecution with regard to suicide committed by the father of minor children. It has been further contended that father of the minor and that the children want to stay with respondent No.4 only. As is in the GAURAV THAKUR 2026.07.18 18:45 I attest to the accuracy and integrity of this document CRWP-8041 3. counsel for the respondent No.4 that in case the custody of handed over to the petitioner, at least the respondent No.4 4. abovementioned arguments. According to learned counsel for the petitioner, the petitioner being mother and natural guardian of the minor children entitled to the custody of minor children. 5. circumstances, since petitioner is mother and natural guardian of the minor children and as on today she is the only surviving parent of the minor children, it is hereby ordered that the custody of minor children be handed over to the petitioner. As far as the prayer of respondent No.4 for visiting right is concerned, she is at liber the abovesaid purpose. The present petition stands 6. disposed of. 17.07.2026 Vinod 8041-2026 (O&M)2 In addition to above, it has also been contended by learned counsel for the respondent No.4 that in case the custody of handed over to the petitioner, at least visiting rights should be accorded to the respondent No.4. The learned counsel for the petitioner has controverted the abovementioned arguments. According to learned counsel for the petitioner, the petitioner being mother and natural guardian of the minor children entitled to the custody of minor children. Taking into consideration the abovementioned facts and circumstances, since petitioner is mother and natural guardian of the minor ldren and as on today she is the only surviving parent of the minor children, it is hereby ordered that the custody of minor children be handed over to the petitioner. As far as the prayer of respondent No.4 for visiting right is concerned, she is at liberty to approach the appropriate authority for the abovesaid purpose. The present petition stands Pending miscellaneous application(s), if any, shall stand disposed of. 17.07.2026 (SURYA PARTAP SINGH Whether speaking/reasoned Yes/No Whether reportable Yes/No In addition to above, it has also been contended by learned counsel for the respondent No.4 that in case the custody of minor children is visiting rights should be accorded to The learned counsel for the petitioner has controverted the abovementioned arguments. According to learned counsel for the petitioner, the petitioner being mother and natural guardian of the minor children Taking into consideration the abovementioned facts and circumstances, since petitioner is mother and natural guardian of the minor ldren and as on today she is the only surviving parent of the minor children, it is hereby ordered that the custody of minor children be handed over to the petitioner. As far as the prayer of respondent No.4 for visiting ty to approach the appropriate authority for the abovesaid purpose. The present petition stands disposed of, accordingly. Pending miscellaneous application(s), if any, shall stand SURYA PARTAP SINGH) JUDGE Yes/No Yes/No In addition to above, it has also been contended by learned minor children is visiting rights should be accorded to The learned counsel for the petitioner has controverted the abovementioned arguments. According to learned counsel for the petitioner, the petitioner being mother and natural guardian of the minor children, is Taking into consideration the abovementioned facts and circumstances, since petitioner is mother and natural guardian of the minor ldren and as on today she is the only surviving parent of the minor children, it is hereby ordered that the custody of minor children be handed over to the petitioner. As far as the prayer of respondent No.4 for visiting ty to approach the appropriate authority for , accordingly. Pending miscellaneous application(s), if any, shall stand GAURAV THAKUR 2026.07.18 18:45 I attest to the accuracy and integrity of this document