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2022 Supreme(P&H) 27

SANT PARKASH
Priyanka Rani – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Baltej Singh Sidhu, Senior Advocate with Mr. Chandan Singh, Advocate
For the Respondent:Mr. Tanvir Joshi, AAG, Mr. Salil Dev Singh Bali, Advocate

JUDGMENT :

Sant Parkash, J.

The case has been taken up for hearing through video conferencing.

1. The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus directing respondents No.2 to 4 to get detenue-Pariza, minor daughter of the petitioner, released from illegal custody of respondents No.5 to 11 and hand over her custody to the petitioner.

2. The petitioner has averred in the petition that she was married to respondent No.5 Ramandeep on 22.11.2014 as per Hindu rites and ceremonies. Out of the wedlock, one daughter namely Pariza was born on 30.12.2015. Matrimonial dispute arose between the petitioner and her husband & family members. On 13.09.2020, the petitioner and her minor daughter were abused and physically assaulted by the private respondents. The petitioner finding no help, made a call to her father whereupon her father along with her brother reached house of respondents No. 5 to 8. The petitioner along with her minor daughter Pariza somehow managed to come out of the house of respondents No.5 to 8. Thereafter, respondents No. 9 to 11 came on the spot and snatched the detenue-Pariza from

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