Surender Singh v. Parveen

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 11.08.2025 Surender Singh

...Petitioner

Versus

Parveen

...Respondent

CORAM:

HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Nitin Bhanwala, Advocate for the petitioner. *** VIRINDER AGGARWAL , J. (Oral) 1.

An application has been moved for placing on record the report dated 02.07.2025 of the Child Counsellor. The report is taken on record. 2.

This revision petition has been preferred under Article 227 of the Constitution of India impugning the order dated 02.07.2025 vide which temporary interim custody of the child Priya is given to her motherrespondent. The petitioner alleges that the mother has left the minor unattended when she was 14 years of age and she left the matrimonial home on 25.06.2023 and joined Dera Sacha Sauda at Sirsa; the family of respondent wanted to take the minor child in order to grab the property of the minor. The minor child has moved an application to Senior Superintendent of Police dated 09.11.2024 where she complained about the conduct of parental family members of the respondent. A copy of the application is Annexure P-2. Respondent mother moved an application for

taking the temporary custody of the minor during the vacation period from 18.03.2025 to 01.04.2025, which was granted. Another application was moved to increase the stay of the minor with the respondent upto 31.03.2025 and minor also agreed to the same. So custody was extended upto 31.03.2025 but the order of the learned Court was violated. Thereafter, custody was handed back to the petitioner and petitioner was directed to facilitate a video call between minor and respondent daily and to hand over the custody of the minor on second Saturday from 10.00 A.M to 5.00 P.M till Sunday, which was complied with. The custody of the minor was handed over to respondent on 14.06.2025 but respondent refused to hand back the custody of the minor to the petitioner.

The petitioner approached Police Station, Julana and tried to approach the Court but Courts were closed for summer vacations upto 30.06.2025 and petitioner moved the application on opening day i.e. 01.07.2025 for non-compliance. The minor girl was produced in the Court on 02.07.2025 and respondent moved an application for recording the statement of minor and to hand over the custody to her. After recording the statement of minor, custody was handed over to respondent and that order is being impugned on the grounds that granting of custody of the minor girl to respondent mother would compromise the welfare and best interest of the child.

3.

After going through the impugned order and report of the Child Counsellor, it is clear that the interim custody of the minor child was handed over to the respondent mother as per wishes of the minor as minor has stated that she feels insecure in the company of petitioner-father as petitioner comes home usually under the influence of liquor and she is not treated well at the home of the petitioner.

4.

Considering all these findings, there is no merit in the revision petition. The Court below has not committed any material jurisdictional error, as such the revision petition stands dismissed. 5.

Since the main appeal stands dismissed, the miscellaneous application(s), if any, stand disposed of accordingly. (VIRINDER AGGARWAL) JUDGE 11.08.2025 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No