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2012 Supreme(P&H) 1866

SURYA KANT, R.P.NAGRATH
Preet Ranjan Kaur – Appellant
Versus
Harjit Singh – Respondent


JUDGMENT :

R.P. Nagrath, J.

Prayer in this petition is made by the wife, seeking writ in the nature of 'habeas corpus' for a direction to respondent No. 1 (her husband) to produce the minor daughter Iknoor Kaur, who was about 5 1/2 years old at the time of filing this petition. Marriage between the parties was solemnized on 7.5.2005 and the couple stayed together as husband and wife in Sector 45, Chandigarh. Iknoor Kaur was born to the petitioner out of the wedlock on 22.10.2006. The petitioner was allegedly turned out of matrimonial home on 6.12.2008 along with the minor child. She then filed a petition under the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005'). However, on persuasion of the Lok Adalat the petition under the Act of 2005 was withdrawn on 19.12.2009. Thereafter, they filed petition for divorce by mutual consent, based on a written compromise dated 24.9.2010 (Annexure R-1) but keeping in view the future of the child and the hostile attitude of the respondent, the petitioner withdrew her consent on the second motion and divorce petition was dismissed on 16.5.2011. It may be noted here that the respondent filed FAO No. 116-M of 2012 agai





























































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