Punjab and Haryana High Court
CRWP/9996/2026 of REKHA AND ANOTHER Vs STATE OF HARYANA AND OTHERS on 27 August 2026
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 270 CRWP-9996-2026 Date of Decision:27.08.2026 REKHA AND ANOTHER ...PETITIONERS VERSUS STATE OF HARYANA AND OTHERS ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE H.S.GREWAL. Present: Mr. Sanyam Khetarpal, Advocate for the petitioner. Mr. Neeraj
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision:27.08.2026
REKHA AND ANOTHER
...PETITIONERS
VERSUS
STATE OF HARYANA AND OTHERS
....RESPONDENTS
CORAM: HON’BLE MR. JUSTICE H.S.GREWAL.
Present:
Mr. Sanyam Khetarpal, Advocate for the petitioner.
Mr. Neeraj Sheoran, Sr. DAG,Haryana.
H.S. GREWAL, J. (ORAL)
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1. The present criminal writ petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus for tracing and producing the minor children, namely Mayank, son of Sahil, and Mannat, daughter of Sahil, before this Court, who are alleged to be in the custody of respondent Nos.4 and 5, and for handing over their custody to the petitioners.
2. In compliance with the order dated 19.08.2026, the alleged detenues, namely Mayank and Mannat, were produced before the Court. Mayank is aged about 3 years, whereas Mannat is only 6 months old. Considering their tender age, particularly the need of the infant Mannat for continuous maternal care, feeding, nurturing and emotional bonding, the Court considered it appropriate to assess their welfare and present living conditions.
3. A Child Counsellor was accordingly called upon to interact with the children. After interacting with them, the Child Counsellor submitted her RENU RAWAT 2026.09.03 17.20 I attest to the accuracy and integrity of this document Chandigarh report, which is taken on record. The conclusion of the report is as follows: “1. Both children are of tender age, Mayank being 3 years and Mannat only 6 months old, and require constant care, supervision and attention.
2. Mannat, being an infant, particularly requires continued maternal care, nurturing, feeding and emotional bonding.
3. Both children require stability, continuity of care and emotional security, especially during the present matrimonial discord.
4. The children are presently comfortable, stable and settled in the care and custody of their mother and are receiving proper care, protection and attention from her.
5. In view of their young age, developmental needs and present stability, the welfare and best interests of both children presently lie with their mother.
6. Accordingly, their continued care and custody with the mother would presently be conducive to their emotional well-being, stability and overall development.”
4. Considering the tender age of the children, their developmental and emotional needs, and the fact that they were comfortable, stable and settled with their mother, the Court found that their welfare and best interests would be served by continuing their custody with the mother. The Court, therefore, held that it would not be in the interest of justice or welfare of the children to disturb their custody from the mother. Accordingly, the petition stands disposed of.
5. However, the petitioner is at at liberty to avail the appropriate remedy at the appropriate stage.
(H.S.GREWAL) 27.08.2026
JUDGE renu
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RENU RAWAT 2026.09.03 17.20 I attest to the accuracy and integrity of this document Chandigarh