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HIGH COURT OF PUNJAB AND HARYANA
HARPREET SINGH BRAR, J
Ashwarya Verma – Appellant
Versus
State of Punjab and others – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for child's custody due to illegal detention. (Para 1 , 2) |
| 2. child custody determined by the principle of welfare. (Para 6 , 7) |
| 3. court's directive for child production before magistrate. (Para 9 , 10) |
HARPREET SINGH BRAR, J. (ORAL)
1. Present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus for appointment of a Warrant Officer to search the premises of respondents No.5 to 7 and to hand over custody of the detenue, namely Krishiv, aged about 1½ years, minor son of the petitioner, who is illegally detained by them.
2. Learned counsel for the petitioner, inter alia, contends that the petitioner is mother of the alleged detenue. Her marriage was solemnized with respondent No.5 on 05.09.2022 according to Hindu rites and rituals. Soon thereafter, the petitioner was tortured and maltreated by her husband i.e.
respondent No.5 and other family members for bringing less dowry and she was turned out of her matrimonial home. However, with the intervention of the Panchayat and respectables of the society, the petitioner was rehabilitated in her matrimonial home. Out of the said w
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