Honey Agarwal vs State Of Punjab And Others

CRWP-12052-2026 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH


276
CRWP-12052-2026 (O&M)
Date of decision: 02.11.2026

Honey Agarwal ...Petitioner

Versus


State of Punjab and others ...Respondents

CORAM: HON'BLE MS. JUSTICE NEERJA K. KALSON

Present:- Mr. Dinesh Mahajan, Advocate along with
Ms. Honey Agarwal, petitioner in person.

Mr. Nitesh Sharma, DAG, Punjab.

Mr. Swarn Sharma, Advocate
Mr. Vishal Jartyal, Advocate along with
Mr. Kaushal Kumar, respondent No.4 in person.

NEERJA K. KALSON, J. (Oral)

1. The present petition arises out of an unfortunate matrimonial
discord between the petitioner and respondent No. 4, which has culminated in
a dispute concerning the custody of their minor son, Mihit Kumar. The
petitioner-mother has approached this Court seeking restoration of the custody
of the minor child, who was allegedly taken away from her by respondent No.
4. The dispute has also involved proceedings before the competent Family
Court at Christchurch, New Zealand.
2. During the course of hearing, this Court made earnest efforts to
ATUL KUMAR TRIPATHI
2026.11.02 18:02
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integrity of this document

CRWP-12052-2026 (O&M) -2-
explore the possibility of an amicable resolution of the matter, keeping in view
the paramount consideration of the welfare and well-being of the minor child.
Initially, respondent No. 4 expressed reluctance to hand over the custody of
the child to the petitioner. Accordingly, the matter was referred to mediation
in the hope that the parties would be able to resolve their differences amicably.
However, the mediation proceedings did not yield any fruitful result and the
matter was received back with a report of failure of mediation.
3. When the matter was again taken up, this Court considered it
appropriate to make a further endeavour towards an amicable settlement,
particularly in view of the tender age of the child and the emotional
consequences of the continuing dispute between his parents. The parties were,
therefore, afforded another opportunity to sit together, reconsider their
respective stands and arrive at a mutually acceptable arrangement in the larger
interest of the minor.
4. Fortunately, the efforts made by this Court have ultimately borne
fruit. With the intervention of the Court and the assistance of learned counsel
representing the parties, the petitioner and respondent No. 4 have been able to
resolve their differences concerning the custody of the minor child.
Respondent No. 4 has agreed to hand over the custody of the minor to the
petitioner-mother, subject to certain mutually agreed terms and conditions.
The parties have made their respective statements in this regard, which have
been recorded separately and shall form part of the record. For the sake of
brevity, the joint statement of both the parties is reproduced as under:
ATUL KUMAR TRIPATHI
2026.11.02 18:02
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integrity of this document

CRWP-12052-2026 (O&M) -3-
“Stated that respondent No.4 has agreed to hand over the custody
of the minor child, namely, Mihit Kumar, to the petitioner today
in Court. Respondent No.4 undertakes to hand over the passport
and other documents pertaining to the minor child to the peti-
tioner tomorrow at 11:00 AM at Police Station, Division No.1,
Pathankot, whereupon the same shall be released in favour of the
petitioner. The petitioner, in turn, undertakes to facilitate a tele-
phonic conversation between the minor child and respondent
No.4 every weekend and further undertakes to permit respondent
No.4 to meet the minor child at the Airport before leaving the
country. Respondent No.4 further states that he shall be at liberty
to avail of an appropriate legal remedy for seeking visitation
rights in future before the competent Court of law. The parties
shall remain bound by their respective statements made before
this Court.”
5. Before proceeding further, this Court considers it appropriate to
record a touching moment witnessed during the proceedings. When the minor
child was placed in the lap of his mother, the happiness and comfort reflected
in his demeanour were unmistakable. The moment served as a poignant
reminder that beyond the competing claims and differences of the parents lies
the emotional well-being of an innocent child, which must always remain the
foremost consideration in matters of custody.
6. It is heartening to note that the parties have ultimately chosen to
set aside their differences, at least insofar as the custody of the minor child is
concerned, and have arrived at an amicable settlement. This Court hopes and
expects that both parents shall honour the commitments made before it in
letter and spirit and shall ensure that their personal differences do not come in
the way of the child's upbringing, emotional security and overall welfare.
ATUL KUMAR TRIPATHI
2026.11.02 18:02
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CRWP-12052-2026 (O&M) -4-
7. In view of the settlement arrived at between the parties and the
statements recorded separately, the present petition is disposed of in terms of
the aforesaid settlement before this Court. Respondent No. 4 shall hand over
the custody of the minor child to the petitioner-mother in accordance with the
agreed terms and conditions.
8. It is made clear that the welfare of the minor child shall remain
the paramount consideration, and the arrangement arrived at between the
parties shall be subject to any further orders passed by a court of competent
jurisdiction in accordance with law.
9. The petition stands disposed of in the aforesaid terms. All
pending miscellaneous applications, if any, shall also stand disposed of.

02.11.2026 (NEERJA K. KALSON)
Atul JUDGE



Whether speaking/reasoned Yes/No
Whether reportable Yes/No
ATUL KUMAR TRIPATHI
2026.11.02 18:02
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