I (2013) DMC 123 (DB)
PUNJAB AND HARYANA HIGH COURT
PREET RANJAN KAUR
versus
HARJIT SINGH & ANR.
Amended Crl. WP No. 978 of 2012-Decided on 16.11.2012
(i) Hindu Minority and Guardianship Act, 1956 Section 6-Guardians and Wards Act, 1890 – Section 25 – Custody of Child Guardianship – Welfare of child is of utmost consideration – Child remained with the mother till her company was separated while she was below 5 years of age-Minor girl is staying away from mother for the past over 1 year – Clear case of kidnapping not made out against respondent-father- It is found expedient and appropriate that custody of the child is restored to mother, as an interim measure, leaving thereafter for respondent
husband to get his legal rights established for seeking custody of child to exclusion of mother by instituting proceedings under Hindu Minority and Guardianship Act and Guardians and Wards Act – Respondent No. 1 is directed to hand over custody of child to petitioner within time specified.
(ii) Guardianship-In a matter of custody of child, welfare of child is of paramount consideration of Court.