The Punjab and Haryana High Court, while hearing the matter of Akshay Gupta v. Divya & Ors. [CR-641 of 2019 (O& M)], on 11th January 2021, made it coherent in its judgement that a minor, who is of age 5 years or less will be deemed custody of the place where the mother is residing, irrespective of whether the minor is physically in custody of the mother or not; and the place of mother’s residence shall be where any related proceedings are heard. Further, the single Judge bench of Justice Arun Monga observed that under Section 6 of Hindu Minorities and Guardians Act, “the custody of child below five years would ordinarily lie with mother.” Reddy and Reddy law firm has successfully handled several matters related to family laws.
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