LPA-1830 of 2026 (O&M) :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 130 LPA-1830 of 2026 (O&M) Date of Decision: 09.07.2026 SATINDER KAUR ... Appellant VERSUS STATE OF PUNJAB AND OTHERS ....Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. A. P. Kaushal, Advocate for the appellant. ***** SUVIR SEHGAL , J. 1. This appeal has been preferred under Clause X of the Letters Patent Appeal, challenging order dated 04.06.2026, passed by the learned Single Judge, whereby a petition seeking writ in the nature of habeas corpus for the custody of the minor children has been dismissed. 2. Mr. A. P. Kaushal, counsel for the appellant, has urged that the learned Single Judge has failed to appreciate that the custody of the minor children has been taken by their father, respondent number 4, in an illegal manner and that the environment in which they are presently residing is detrimental to their development. It has been submitted that a writ of habeas RIMPAL RANI 2026.07.20 10.21 I attest to the accuracy and integrity of this document LPA-1830 of 2026 (O&M) :2: corpus is maintainable for restoring the custody of the minor children to the appellant, their mother, which is in their best interest. 3. We have heard learned counsel for the appellant and perused the record. 4. Learned Single Judge dismissed the writ petition primarily on the ground that the dispute essentially pertains to a custody battle between the biological parents, who are in an estranged relationship. Both the father and mother are natural guardians under the law. The custody of the minor children with their father cannot be termed as illegal confinement so as to justify the exercise of extraordinary writ jurisdiction of habeas corpus. 5. Determining the welfare of the minor children involves intricate questions of fact, including assessment of their emotional bond and evaluation of parental fitness to determine their capacity both mental and physical to take care of the children. This requires detailed evidence, which cannot be undertaken in exercise of writ jurisdiction. Learned Single Judge has also rightly distinguished the judgments relied upon by the appellant by noticing that those cases involved distinct factual matrix as well as disputes pertaining to non-parents. 6. We do not find any illegality, perversity or jurisdictional error in the well reasoned order passed by the learned Single Judge. The appropriate and efficacious remedy available to the appellant is to approach the Family Court under the relevant statute, where her rights, as well as the welfare of the minor children can be comprehensively adjudicated upon. As a result, present appeal fails and is hereby dismissed. RIMPAL RANI 2026.07.20 10.21 I attest to the accuracy and integrity of this document LPA-1830 of 2026 (O&M) :3: 7. As observed by the learned Single Judge, if the appellant approaches the Family Court by filing a petition seeking custody of the minor children, the Court concerned shall expedite the proceedings in view of the urgency involved. 8. Pending application(s), if any, shall also stand(s) disposed of accordingly. (SUVIR SEHGAL) JUDGE (DEEPINDER SINGH NALWA) 09.07.2026 JUDGE Rimpal Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RIMPAL RANI 2026.07.20 10.21 I attest to the accuracy and integrity of this document