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2021 Supreme(P&H) 1485

JASGURPREET SINGH PURI
Shubeg Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Satwant Singh Rangi, Advocate, for the Appellant, Mr. Randhir Singh Thind, DAG, Punjab, Ms. Kanwal S. Walia, Advocate, for the Respondent.

ORDER

Jasgurpreet Singh Puri, J. (Oral). - The present petition has been filed under Article 226 of the Constitution of India seeking a writ in the nature of Habeas Corpus for directing the official respondents to trace out and produce before the Court the minor son of the petitioner namely Shahbaaz Singh who according to the learned counsel for the petitioner is in the illegal custody of respondent No.5 who is the wife of the petitioner and mother of alleged detenue.

2. Before discussing the merits of the case, a brief background of the case needs to be mentioned here.

3. The petitioner and respondent No.5 married with each other on 02.01.2012 and on 21.11.2014 they were blessed with a baby boy namely Shahbaaz Singh. However, matrimonial dispute arose between the petitioner and respondent No.5 and on 08.12.2018 the petitioner (father)filed a civil suit for injunction for restraining the respondent No.5 (mother) from taking forcible custody of the minor son vide Annexure P-l. Notice in the suit as well as the interlocutory application was also issued by the learned Civil Judge, Patiala. However, no interim order was passed nor any kind of injunction order was passed and rather the mat

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