Custody Row Over Minor Living at Dera Sacha Sauda: Punjab & Haryana HC Orders Counselling

The Punjab and Haryana High Court has directed the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, to conduct counselling of a 17-year-old girl at the centre of a prolonged custody dispute, in order to assess her well-being and willingness to reside with either parent.

The matter arises from a petition filed by Cypriano Britto, who contends that despite a February 2016 order granting him custody of his daughter, she has continued to live with her mother at the Dera Sacha Sauda premises in Sirsa.

Britto has been pursuing enforcement of the custody order for nearly a decade, maintaining that his daughter’s earlier statements were not given voluntarily under the prevailing circumstances. He therefore sought fresh counselling and recording of her wishes in court.

On August 19, the High Court directed that the girl be produced in court, noting the petitioner’s reliance on the Supreme Court’s decision in Capt. Dushyant Somal v. Smt. Sushma Somal (1981), which underscores that the child’s welfare must remain paramount in custody matters.

When the girl was produced before the bench on August 25, Justice Subhas Mehla ordered that counselling be conducted by PGIMER counsellors, with the schedule to be communicated to both parties.

All expenses are to be borne by the petitioner. The mother has been directed to ensure the minor’s presence before the counsellor as required.

Court further clarified that the counselling exercise is intended solely for the purpose of determining the custody issue. The counsellor’s report—based on interaction with the child and, if necessary, her parents—will assist the court in ascertaining whether she is in a position to understand her best interests and express a considered preference.

During the hearing, the petition against one of the respondents was withdrawn after counsel for the petitioner acknowledged that no specific relief had been sought against them.

The case has been adjourned to September 9, 2025, by which time the counselling report is expected to be placed before the court.

Gurmeet Ram Rahim Singh, who has been convicted of rape and multiple murder cases, is the chief of Dera Sacha Sauda. 

In August 2017, Singh was convicted of rape by a CBI court, triggering widespread violence that left several dead. He was sentenced to 20 years in prison and later, in January 2019, convicted along with others for the murder of journalist Ram Chander Chhatrapati. In 2021, he and four others were also found guilty of murdering former Dera manager Ranjit Singh, though the Punjab and Haryana High Court acquitted them in May 2024. Singh additionally faces prosecution for allegedly ordering the forced castration of hundreds of followers.

Case Title: Cypriano Britto V/S State Of Haryana And Others

Order Date: August 25, 2025

Bench: Justice Subhas Mehla