Balwinder Kaur vs State of Union Territory, Chandigarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2158

GURVINDER SINGH GILL
Balwinder Kaur – Appellant
Versus
State of Union Territory, Chandigarh – Respondent

Advocates Appeared:
Mr. Sunil K. Chaudhary, Advocate; For the Petitioner

JUDGMENT

Gurvinder Singh Gill, J. (Oral)

The petitioner has approached this Court seeking issuance of a writ in the nature of Habeas Corpus so as to direct respondent No.2-Senior Superintendent of Police, Chandigarh and respondent No.3-Station House Officer, Police Station Maloya, Chandigarh, to produce Seerat Kumari daughter of the petitioner who is said to be illegally detained by some unknown persons at some unknown place by respondent No.4.

2. Notice of motion.

3. At this stage, Mr. Shashank Bhandari, Addl. P.P. U.T. Chandigarh has put in appearance on behalf of respondents No.1 to 3 and accepts notice.

4. It is not in dispute that respondent No.4 is none else, but the former husband of the petitioner. It is also borne out that when the marriage of the petitioner with respondent No.4 was dissolved by a decree of divorce by mutual consent, it had been agreed amongst the parties that the custody of the minor child shall remain with respondent No.4.

5. It is further admitted that the petitioner has already filed a petition under Gurdian and Wards Act, which is still pending. Para No.4 and 6 of the instant petition are reproduced herein under:

"4. That before the decree of divorse o

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