Court explicitly reaffirms that a natural guardian mother is entitled to custody of her minor child where the minor expresses willingness, and other interested relatives raise no objection; upholds existing legal principles and serves as binding precedent within its jurisdiction on custody matters involving similar facts.
Summary
| Category | Data |
|---|---|
| Case Name | CRWP/8988/2025 of KANIKA @ KANIKA GAMBHIR Vs STATE OF PUNJAB AND OTHERS |
| CNR | PHHC011322952025 |
| Date of Registration | 19-08-2025 |
| Decision Date | 10-09-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | Ms. Justice Aaradhna Sawhney |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within Punjab and Haryana High Court jurisdiction |
| Type of Law | Personal Law — Custody of Minors |
| Questions of Law | Whether custody of a minor daughter should be handed to the natural guardian mother when the minor and relevant family members consent. |
| Ratio Decidendi |
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| Facts as Summarised by the Court |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab and Haryana |
| Persuasive For | Other High Courts and the Supreme Court on similar facts |
What’s New / What Lawyers Should Note
- Reaffirmation: Where both the minor and interested relatives (such as grandparents) consent, the natural guardian mother’s right to custody is unambiguous.
- Lawyers can rely on such express willingness, both of the minor and relatives, to seek custody transfer expeditiously.
- No detailed adversarial inquiry required when there is complete consensus and no contest.
Summary of Legal Reasoning
- The court first recorded the ‘no-objection’ by the grandmother, present in court, and noted the short reply of respondent grandparents indicating lack of contest over handing over custody.
- The minor girl, aged about 17, appeared before the court and expressed her wish to reside with her mother.
- The court observed that given the clear statements from both the grandmother and the minor, it would be in the best interest of the minor for custody to be transferred to her natural guardian mother.
- The petition was disposed accordingly, underscoring that consensus among parties and the preference of the minor are determinative when adjudicating custody, especially in the absence of any allegation or contest.
Arguments by the Parties
Petitioner
- Sought custody of minor daughter on the basis of her status as natural guardian.
- Asserted there was no objection from the child’s grandparents.
Respondent (Grandparents, Nos. 4 and 5)
- Filed a short reply clearly stating ‘no-objection’ to custody being given to petitioner (mother).
- Grandmother, present in court, stated the move would be in the minor’s best interest.
No arguments from State or others are recorded in the judgment.
Factual Background
The petitioner, mother and natural guardian of Navroop Kaur (aged about 17 years), approached the court seeking custody of her daughter. The maternal grandparents (respondents 4 and 5), with whom the minor was residing, filed a reply and appeared in court, expressing no objection to the request. The minor appeared before the court, was questioned, and expressly conveyed her willingness to go with her mother. There was no contest or competing claim for custody, and no adverse factual allegation was on record.
Statutory Analysis
- The judgment applied the principle that the natural guardian (mother) is entitled to custody of the minor, especially where the child herself indicates willingness and interested relatives do not object.
- No specific statutory provisions were interpreted, and the judgment proceeded on settled principles relating to guardianship and welfare of the minor under personal law.
Procedural Innovations
- The court allowed the short reply of respondents to be placed on record during oral proceedings, facilitating swift resolution.
- Minor was personally produced and questioned in court, adhering to the principle of ascertaining the minor’s wish in custody matters.
Alert Indicators
- ✔ Precedent Followed – The judgment affirms existing law regarding prioritizing the minor’s welfare and natural guardian’s rights, especially where all parties consent.