The Punjab and Haryana High Court, in an extraordinary turn of events, has transferred the interim custody of two minor children to their mother after their father allegedly assaulted the mother’s counsel in a “drunken state” within the court premises. Justice Alka Sarin passed the order in a contempt petition, citing the “unruly behaviour of the respondent” as the primary reason for modifying the custody arrangement to safeguard the children’s welfare.
Case Background and Previous Orders
The matter was before the court in a contempt petition, COCP-5131-2024, filed by the petitioner-mother against the respondent-father. During a hearing on September 25, 2025, the court had expressed deep concern over the parental dispute’s impact on their three minor children. At the time, two children were with the father and the eldest daughter with the mother.
In its order dated September 25, 2025, the court had observed, “It is unfortunate that in a dispute between a couple, the children are being used as pawns. The children have been unfortunately separated and no effort is being made by either of the parties to at least ensure that the siblings remain in touch with each other.”
Following this observation, the parties had agreed to a visitation arrangement where the respondent-father would bring the two children to the petitioner-mother’s residence on October 2, 2025, to spend time with their elder sister.
Events Leading to the Court’s Decision
During the hearing on October 8, 2025, counsel for the petitioner, Ms. Simi Kandra, informed the court that the respondent had failed to comply with the previous order. He reportedly brought the children late in the evening for only an hour, instead of the agreed-upon time.
The situation escalated dramatically during the post-lunch session. The court recorded that it was informed “that during the lunch break the respondent hit the counsel for the petitioner and that he was in a totally drunken state.” The police were called, and the respondent was taken into custody.
Mr. Sartej Singh Narula, President of the Punjab and Haryana High Court Bar Association, appeared before the court and confirmed that the respondent was in police custody at Sector 3 Police Station, Chandigarh. He assured the court that the Bar Association would provide all necessary assistance to Ms. Kandra.
In a significant development, the respondent’s own counsel, Mr. Parvinder Singh, stated that his client “had refused to comply with the order dated 25.09.2025” and sought to withdraw his power of attorney following the respondent’s “unruly behaviour.” It was also brought to the court’s notice that the respondent may have entered the court premises without a valid pass.
Court’s Analysis and Final Order
Expressing grave concern over the day’s events, particularly with all three minor children present in court, Justice Sarin interacted directly with the two children who had been residing with the respondent-father. The judgment notes that both children “have expressed their willingness to accompany the petitioner-mother.”
The petitioner-mother assured the court she would care for the children.
Finding the father’s conduct unacceptable, the court concluded, “Keeping in view the happenings of today and the unruly behaviour of the respondent, this Court deems it appropriate to hand over the custody of both the minor children (Baby KXXXX and Baby PXXXX) whose custody was with the respondent-father, to the petitioner-mother as an interim measure.”
Furthermore, acknowledging the petitioner’s apprehension that the respondent might “create a ruckus or indulge in unruly behaviour,” the court directed that police protection be provided. Mr. Manish Bansal, Public Prosecutor for UT Chandigarh, assured the court that “adequate security would be provided in order to safeguard the life and interest of the minor children as well as the petitioner.”
The case has been scheduled for its next hearing on October 31, 2025.
