Child custody case: Punjab and Haryana High Court seeks report on long adjournments

Saurabh Malik

Chandigarh, April 3

The Punjab and Haryana High Court has called for a report from a judicial officer in Rewari after observing that he apparently adopted an elusive approach by granting long adjournments in a child custody case. Justice Archana Puri has set April third week as the deadline. Justice Puri was hearing a petition filed by a mother through counsel LK Gollen. She was, among other things, seeking directions for the execution of orders whereby her minor child’s custody was to be handed over to her within a maximum of seven days from January 11.

The Bench was told that the interim custody order passed by a family court in the mother’s favour was challenged by the father. But the civil revision plea was dismissed on January 13 last year. The order attained finality as it was never further challenged.

After several rounds of litigation by the father extending up to the Supreme Court, a plea was filed by the mother for issuance of direction to the Rewari family court for execution of order dated January 13, 2023, related to the handing over of interim custody to her.

Justice Puri observed the matter was disposed of by the high court vide judgment dated January 8 after issuing detailed directions to the family court to adopt coercive methods, “including that of seeking police help with the intervention of Superintendent of Police, Rewari”.

Justice Puri also took note of the submission that the family court had adopted an evasive attitude in complying with the order regarding the handing over of the child’s custody to the mother.

“It shall not be appropriate for this court, at this stage, to mention about the conduct of the presiding officer. But definitely from the zimini orders which are placed on record, it is revealed that there is seemingly an evasive attitude adopted by the presiding officer by giving long dates, which amounts to nullifying the order passed by this court,” Justice Puri said.