Court refuses to intervene in child-custody matter

Saurabh Malik

Tribune News Service

Chandigarh, April 10

The Punjab and Haryana High Court has refused to intervene in a matter revolving around a child’s custody, after observing that the case was not fit to be heard during the Covid lockdown period.

“This court does not find it to be a fit case of emergent nature to hear it during the continuing extremely difficult times,” the Bench observed, while adjourning the hearing on the mother’s plea.

The child’s mother had moved the High Court against the state of Haryana, the child’s father and other respondents by filing a writ of habeas corpus. The matter pertains to Panchkula district.

Taking up the petition through video-conferencing, Justice Manoj Bajaj of the High Court asserted that India, like other countries, was engaged in a battle against the outbreak of a pandemic, Covid-19. In order to curb its spread, the Central and state governments and the union territories had already imposed restrictions, such as curfew and lockdown.

Chandigarh city, too, was under the curfew and the prevailing circumstances in the country were unprecedented and unusual. As such, considering the gravity of the crisis, the petition was being taken up for hearing through video-conferencing.

During the course of virtual hearing, the counsel for the petitioner-mother insisted upon getting the interim custody on the ground that the child’s welfare was of paramount importance. She, being the mother and natural guardian, was entitled to the custody as the child was below five.

Justice Bajaj asserted that it was not disputed during the course of hearing by the counsel for the parties that the petitioner and the child’s father had separated on November 16, 2019. Since then the child was residing with her father.

The parties were, otherwise also, already before the civil court following the filing of a petition by the father under the provisions of the Guardians and Wards Act, 1890.

“Considering the above background, this court is of the opinion that in case the prayer of the petitioner is accepted, it would amount to allowing the petition without having response of the respondents. Therefore, the prayer at this stage is not entertained,” the Punjab and Haryana High Court Bench added.