Chandigarh: Punjab and Haryana high court has recorded a poignant moment during child custody proceedings before facilitating an amicable settlement between estranged parents .




“When the minor child was placed in the lap of his mother , the happiness and comfort reflected in his demeanour were unmistakable,” observed Justice Neerja K Kalson , while disposing of a petition filed by the mother through her counsel, Dinesh Mahajan, to restore custody of her minor son, who was allegedly taken away by her husband.




The dispute had also involved proceedings before a family court at Christchurch, New Zealand.




HC observed, “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.”




While initial court-referred mediation failed, renewed efforts by the bench led to a resolution in court, where the father handed over custody of the child to the mother on the same day.




“...with the intervention of the court and the assistance of learned counsel representing the parties, the petitioner and respondent No. 4 (husband) have been able to resolve their differences concerning the custody of the minor child,” the order stated.




Under the settlement, the father undertook to hand over the minor’s passport and documents at a police station in Pathankot, Punjab, the next day. The mother would facilitate weekly weekend phone calls between the father and child and permit a meeting at the airport before leaving India. The father said he retained the right to seek visitation rights before a competent court.




Recording the settlement, HC observed that it was heartening to note that the parties had ultimately chosen to set aside their differences. HC urged both parents to honour their commitments in letter and spirit and ensure that their personal differences did not come in the way of the child’s upbringing, emotional security and overall welfare. It clarified that the arrangement remains subject to any future court orders.