Kulwinder Kaur VS State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

R.P.NAGRATH
Kulwinder Kaur – Appellant
Versus
State of Punjab – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Viren Jain, Advocate
For the Respondents: Ms. Anmol Grewal, AAG, Punjab
For the Respondent Nos.4 to 8:Mr. Harmanjit Singh, Advocate
For the Respondent No.9:Mr. Prit Inder Pal Singh, Advocate

JUDGMENT

R.P. Nagrath, J.— Petitioner and respondent No.4 were married on 21.2.2007. Two children were born from the wedlock. The male child Daljit Singh was about five years and the female child two years old at the time of filing the instant petition.

2. The petitioner is seeking writ in the nature of habeas corpus for a direction to respondents No.4 to 9 to produce the minor children from their illegal detention and custody.

3. During course of arguments, learned counsel for the petitioner has confined his prayer with regard to immediate custody of Jaspreet Kaur the female child born on 3.9.2011 and for the male child it was submitted that the petitioner would take appropriate recourse before the Guardian Judge/competent Court.

4. Respondents No.5 and 6 are the parents of respondent No.4, respondent No.7 his brother and respondent No.8 the wife of respondent No.7. According to the case set up by respondents Jaspreet Kaur was given in adoption to respondent No.9 and his wife.

5. The petitioner alleges that she was subjected to immense physical and mental cruelty by her in-laws making her life a hell. Detailed allegations have been made with regard to certain incidents of maltreatm