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2006 Supreme(P&H) 2367

VIRENDER SINGH
Ranbir Singh – Appellant
Versus
Satinder Kaur Mann – Respondent


Judgment

Virender Singh, J.

1. Through the instant writ petition under Article 226 of the Constitution of India, the petitioner is seeking directions in the nature of habeas corpus, directing release of Haralekh Singh Khosa (aged 5 years) and Mehak Kaur Khosa (aged 3 years), son and daughter of the petitioner from alleged illegal detention by respondent No. 1.

2. The case set up by the petitioner is that originally he hails from village Tumber Bhan, District Ferozepur and had migrated to Malaysia in the year 1957. Since the petitioner at present is residing in village Tumber Bhan, District Ferozepur, he, therefore, is entitled to invoke the jurisdiction of this Court. As per the averments in the petition, the petitioner got married to respondent No. 1 at Chandigarh on 1.3.1998 per Sikh rites. After the marriage, both proceeded to Kuala Lumpur, Malaysia, on 27.3.1998. From their wedlock, son Haralek Singh Khosa was born on 21.6.1999 and daughter Mehak Khosa on 18.6.2001. Since births both the children were registered with the Registrar of Births, Malaysia and, therefore, they are Malaysia citizens. In support of this assertion, the petitioner relies on Annexures P-1 and P-2, respecti


































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