JUDGMENT :

Manisha Batra, J. (Oral)

CRM-W-571-2022

1. Allowed as prayed for, subject to all just exceptions.

Documents are taken on record as Annexures R-1 and R-2.

2. CRWP-11120-2021 (O&M)

The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking issuance of writ in the nature of habeas corpus for obtaining the custody of her minor sons, who are in the custody of respondent No. 5.

3. Brief facts of the case relevant for the purpose of disposal of the present petition are that the marriage of the petitioner was solemnized with respondent No. 5-Bhagwan Singh on 08.02.2012. Out of the said wedlock, two male children, namely Aman and Anshuman, were born on 22.09.2013 and 04.01.2016, respectively. However, the matrimonial relation of the petitioner with respondent No. 5 witnessed rough weather as she was harassed and maltreated by him. Ultimately, in August, 2019, she was thrown out of the matrimonial house along with minor children after giving beatings to her. The petitioner tried to prevail good sense upon respondent No. 5 but he did not mend his ways. Thereafter, the petitioner started living at her parental house along with her minor children. However, on 25.09.2020, respondent No. 5 came to the parental house of the petitioner and took away both the children forcibly with him and refused to return them back to her.

4. Learned counsel for the petitioner has submitted that respondent No. 5 has forcibly taken the custody of the minor children from the petitioner and the act of respondent No. 5 is not only illegal but also amounts to cruelty to the petitioner as well as children as the children were of tender age and they needed the care and company of their mother for their upbringing. The petitioner had filed a divorce petition against respondent No. 4 before the Family Court at Narnaul. While submitting that respondent No. 5 is treating the minor children with cruelty, it is urged that since the minor children are in illegal custody of respondent No. 5, a writ of habeas corpus be issued for their release. To fortify his argument, learned counsel for the petitioner has relied upon the judgments of this Court rendered in CRWP-9996-2020, titled as Ramita Rani vs. State of Punjab and others, decided on 02.03.2021, CRWP-8319-2020, titled as Mandeep Kaur vs. State of Punjab and others, decided on 10.05.2021 and CRWP-3013-2020, titled as Neha vs. State of Haryana and others, decided on 01.06.2020.

5. Status report has been filed by the respondent-State. It is submitted therein and learned State counsel has argued that after issuance of notice of motion in this case, a detailed inquiry was made and it was found that the petitioner was residing at Rewari with one Mahesh Sharma in live-in-relationship. Respondent No. 5 was also joined into inquiry and it was concluded in the inquiry that the petitioner has levelled false allegations against respondent No. 5. The minor children are residing happily with their father i.e. respondent No. 5 and he is bearing all the responsibilities properly, whereas the petitioner is living with aforesaid Mahesh Kumar in live-in-relationship.

6. Reply, on behalf of respondent No. 5, has also been filed, wherein while denying the allegations as levelled by the petitioner, it is argued that since respondent No. 5 is natural father of the children, he cannot be stated to be in illegal custody of the children and the present petition is not maintainable. It is submitted that respondent No. 5 has never caused any cruelty to either of the children and rather, he is properly taking care of them, being their father and is also discharging his responsibilities properly. It is also submitted that even he had never caused any harassment to the petitioner and she had left the company of respondent out of her own free will in order to reside with her friend in live-in-relationship. It is, thus, argued that the petition is liable to be dismissed.

7. I have heard learned counsel f