1. Shahbaz Singh was born on 9th November, 2004 to Gurmeet Kaur Batth daughter of Amrik Singh Sandhu, resident of 73, Hepburn Street, Markham, Ontario l353z9, from the loins of Ajaypal Singh batth. Marriage between Gurmeet Kaur batth and Ajaypal Singh Batth had turned sour and their matrimonial dispute had turned bitter. Instead of acting as two responsible adult citizens and loving parents, they have made Shahbaz Singh a pawn for their legal assault on each other.

2. By way of present writ petition in the nature of habeas corpus, mother Gurmeet kaur Batth, petitioner has approached this court for production of Shahbaz Singh, a four years old minor child and thereafter entrustment to her.

3. Petitioner is a citizen of Canada. She came to Amritsar in India for her marriage with Ajaypal Singh. The marriage was solemnized on 21st November, 2002 in amritsar. After the marriage, petitioner returned to Canada in February, 2003 and sponsored immigration of her husband. As a result thereof, Ajaypal Singh reached canada in June, 2003. Parents of Ajaypal singh, Balwinder Kaur Batth and Dilsher singh Batth, who are residents of village bhilowal, Tehsil and District Amritsar, visited Canada to their son Ajaypal Singh and daughter-in-law Gurmeet Kaur on 18th february, 2006. They stayed their till 29th July, 2006. It is projected that petitioner, daughter-in-law requested and entrusted the custody of her son Shahbaz Singh to her mother-in-law, Balwinder Kaur Batth.

4. Present writ petition has been filed by mother of Shahbaz Singh, Gurmeet Kaur seeking release of her son from the custody of her mother-in-law, Balwinder Kaur Batth.

5. Balwinder Kaur Batth had filed a petition under Sec.7 of the Guardians and wards Act, 1890 for her appointment as guardian of Shahbaz Singh in her capacity as grandmother. She has remained unsuccessful upto High Court. Therefore, a co-ordinate Bench, on December 4, 2008, in the present petition, ordered that file of Civil revision No.757 of 2008 be also requisitioned. Therefore, for reference, record of civil Revision No.757 of 2008 is available with this Court.

6. In the present writ petition, it has been averred by the petitioner mother that after the birth of son Shahbaz Singh in november 2004, she along with her husband visited India and returned to Canada in early 2005. It has been stated in the petition that after return to Canada, the marital relations between Gurmeet Kaur Batth and Ajaypal singh Batth deteriorated. She was victim of mental and physical abuse at the hands of ajaypal Singh Batth. She has further stated that in order to improve her marital relations, she moved with Ajaypal Singh Batth and had set up a separate house but their relations, instead of improvement, further went downward, as husband was unemployed. It has been further stated that parents of her husband visited her and when they came back to India in July, 2008, her husband Ajaypal Singh Batth allowed his parents to take his son Shahbaz Singh with them to India. It is stated that she was assured that the child will stay with her in-laws only for three or four months. It has been further averred that she was reluctant, but to quell anger and threats of her husband of divorce, she, under pressure, agreed to her son being taken to India by her mother-in-law. According to the petitioner, her entreaties for calling back the child failed to impress her husband and it finally resulted in quarrel in 2006 and she left Ajaypal singh and came to her parents house. She filed a petition before a Canadian Court for custody and return of her son Shahbaz singh, as she had never given consent for taking her son, to be raised in India by her mother-in-law, according to her free will and violation.

7. The order of the family Court in canada, i. e. , Superior Court of Justice, ontario, has been reproduced in the petition and the same reads as under :

"the Applicant Gurmeet Kaur Batth with her solicitor H. Mann. The Respondent, Ajaypal Singh