Crl. W.P. No.1052 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Writ Petition No.1052 of 2011 Date of Decision: 1 - 12 - 2011 Kulbir Kaur .....Petitioner v. State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Amitoj Singh Dhaliwal, Advocate for the petitioner. Mr.S.S.Chandumajra, DAG, Punjab for respondents No.1 and 2. Mr.Yatharth Hans, Advocate for respondents No.3 to 5. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed by Kulbir Kaur – mother under Article 226 of the Constitution of India praying that a writ in the nature of habeas corpus be issued and custody of Simranjit Kaur and Anmoldeep Singh, daughter and son born on 12.7.2003 and 10.8.2004 respectively be entrusted to her. It has come in evidence that children at present are students of B.N.S.Memorial School, Khai Pheme Ki and their academic session is going to conclude in the month of March, 2012. It has been further stated that Crl. W.P. No.1052 of 2011 [2] children are staying with his father since 2009. Admittedly, children are more than 5 years of age. For a Court while determining the custody of the children between the parents, who are on loggerheads, welfare of the children is of paramount consideration. How much father and mother earn and in what manner they can look after the children, are questions of fact which this Court cannot determine in a writ of habeas corpus. In view of the observations made above, counsel for the petitioner states that he be permitted to withdraw the present petition with liberty to approach the competent court of jurisdiction under the Guardian and Wards Act for entrustment of custody of the children. Counsel for the respondents have raised no objection thereto. Accordingly, as prayed, the present petition is dismissed as withdrawn with liberty aforesaid. If a petition is filed under the Guardian and Wards Act within ten days from today, same shall be decided within three months. ( KANWALJIT SINGH AHLUWALIA ) December 1, 2011. JUDGE RC