Archive · 17 Dec 2025
High Court Dismisses Custody Protection Petition
A mother and her son asked the Punjab and Haryana High Court to stop the father from visiting the boy.
The mother said the father was mean to the child and her elderly mother.
The father said these were just excuses to keep him away.
The court said it can't decide this in a quick hearing.
It told them to go to the family court that made the original custody decision.
The court also said the police didn't find enough proof of wrongdoing.
Both sides can still go to other courts to change the visitation rules if they want.
The Punjab and Haryana High Court dismissed a petition by a mother and son seeking to restrain the father's visitation rights.
The court ruled that child custody disputes must be resolved through proper family court proceedings, not writ petitions.
Justice Sumeet Goel emphasized that the child's welfare is paramount but requires detailed evidence-based inquiry.
The mother alleged harassment and police inaction, while the father denied the allegations and the police found no evidence of wrongdoing.
The court clarified that the mother can still seek modification of visitation rights through the appropriate family court.
- Who
- A divorced woman and her 14-year-old son vs. the boy's father
- What
- A petition seeking police protection and suspension of the father's visitation rights
- When
- The incident occurred on August 9, 2023, and the petition was dismissed in 2024
- Where
- Punjab and Haryana High Court, with the original custody order from Pune civil court
- Why
- The court ruled that such disputes must be resolved through proper family court proceedings, not writ petitions
- Petitioners
- Divorced woman and her 14-year-old son
- Court
- Punjab and Haryana High Court
- Judge
- Justice Sumeet Goel
- Original Custody Order
- 2018 mutual consent divorce decree from Pune civil court
- Alleged Incident Date
- August 9, 2023
- Police Status Report Date
- February 2024
- Key Legal Principle
- Writ of Habeas Corpus is not a substitute for comprehensive guardianship procedures