Hindu Minority and Guardianship Act Section 6 - BNS 2023, Section 528 Writ of Habeas Corpus Rele…

Hindu Minority and Guardianship Act Section 6 - BNS 2023, Section 528 Writ of Habeas Corpus Release of detenue son aged 08 months from illegal custody of father - Held, matrimonial dispute arose between both parties in which petitioner was allegedly beaten up and thrown out from matrimonial house and child was retained by father - Both parties are currently residing in Gurdaspur - When parents are in conflict, child's well-being should remain paramount concern - Court must ensure that child is not treated as object to be passed back and forth but rather person whose stability and security must carefully be protected - Child, especially at a tender age, has fundamental right to love, care and protection of both parents - This is not only essential for child's emotional and psychological development but is also recognized as basic human right - Thus, fact that child is of tender age of 08 months, till a decision is taken by competent Court, custody of child shall remain with petitioner-mother - Therefore, direction to Respondents No.2 and 3 to ensure that custody of minor child is handed over by father to mother ,Neelu vs STATE OF PUNJAB CRWP 7646/24 10/09/24 [ PUNJAB HARYANA HIGH COURT ]