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2009 Supreme(P&H) 1935

K.C.PURI
Jaswinder Kaur – Appellant
Versus
State Of Punjab – Respondent


Judgment

K.C.Puri, J.

1. Jaswinder Kaur-petitioner has filed this petition under Article 227 of the Constitution of India for the issuance of a writ in the nature of habeas corpus for the release of detenues/children namely Mohit Sidhu, aged 6 years son and Ekta son and daughter respectively of deceased Anil Kumar, who are in illegal custody of respondent Nos. 4 and 5.

2. It has been alleged by the petitioner that she was married with Anil Kumar son of respondent Nos. 4 and 5 about nine years ago. Out of this wedlock, one daughter namely Ekta aged about eight years and one son namely Mohit aged about six years took birth and the petitioner was living at Jalandhar with her husband Anil Kumar, who was serving in PAP Jalandhar. Unfortunately Anil Kumar, husband of the petitioner died on 2.3.2009 at Jalandhar after brief illness. The dead body of the deceased was taken to his village chamiari for cremation and the petitioner along with her children/detenues attended the cremation. After the cremation of Anil Kumar, the children of the petitioner were taken by respondent Nos. 4 and 5 forcibly and on demand by the petitioner, she was given merciless beating and thrown out of the house by




























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