Father Agrees To Hand Son’s Custody To Mother As Punjab & Haryana HC Records Settlement

The petitioner-mother sought restoration of custody of her minor son, Mihit Kumar, alleging that respondent No. 4, the child’s father, had taken him from her.

Custody proceedings had also taken place before the competent Family Court at Christchurch, New Zealand.

After mediation failed, the High Court made a further effort to facilitate settlement.

The parties agreed that the father would hand over custody to the mother in Court, subject to terms addressing the child’s documents, weekend telephone contact, the father’s opportunity to meet the child at the airport before departure from the country, and his liberty to seek visitation before a competent court.

The Court expressly cited no statute or precedent.

It applied the principle that the welfare and well-being of the minor child are the paramount consideration in custody matters.

It also treated the parties as bound by their statements recorded before the Court and made the agreed arrangement subject to further orders of a court of competent jurisdiction.

Following unsuccessful mediation, the Court continued efforts to resolve the dispute, having regard to the child’s tender age and the emotional consequences of the ongoing conflict.

The parties then agreed to the mother’s custody on specified terms, and their statements were recorded.

The Court accepted the arrangement, emphasizing the child’s welfare and the importance of both parents honouring their commitments, while preserving the jurisdiction of a competent court to make further orders.

The father undertook to provide the child’s passport and other documents at Police Station, Division No. 1, Pathankot, at 11:00 a.m. the following day; the mother undertook to facilitate a telephone conversation between the child and the father every weekend and permit the father to meet the child at the airport before the child left the country.

The father remained at liberty to seek visitation before a competent court, and the arrangement was made subject to any further orders of such a court.