IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRWP-318-2025 Date of Decision: 15.01.2025 NEELESH GUPTA ... Petitioner Versus STATE OF HARYANA AND OTHERS ... Respondents CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY.

Present:- Mr. Gourav Jain, for the petitioner.

Mr. Praveen Bhadu, AAG, Haryana.

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SANJIV BERRY, J. (ORAL)

The instant petition has been preferred by the petitioner under Article 226 of the Constitution of India for issuance of a Writ in the nature of Habeas Corpus praying for release of the detenue ‘Master Gauransh’ minor son of the petitioner from the illegal detention of private respondents No. 5 to 7 and further to issue direction to respondent No.5 to 7 to produce the detenue; further to direct respondent No.4-wife to grant adequate visitation rights to the petitioner to meet his minor son; further to issue any such writ or direction, as deemed fit by this Court.

2. In nutshell, the brief facts of the case are that the marriage of the petitioner was solemnized with respondent No.4 Mansi Modi on 01.02.2017 and out of their wedlock one child namely Master Gauransh was born on 06.05.2018. Due to temperamental difference between parties, Mansi Modi wife of the petitioner, without informing him took the minor son Master Gauransh with her and shifted to her parental house at Faridabad. It is averred that since May 2022, respondent No.4 Mansi Modi is residing in Pune for her work and his son is residing with his Maternal grand-parents, and despite several requests by the petitioner the private respondents did not allow him to meet his son. Hence the present petition.

3. It is, inter alia contended by learned counsel for the petitioner that the marriage of the petitioner with the respondent No.4 Mansi Modi was solemnized on 01.02.2017 according to Hindu rites and ceremonies and after their marriage they had cohabited at Mumbai and from their wedlock one male child Master Gauransh was born on 06.05.2018. He contends that after passage of time in the marriage respondent No.4 pressurized the petitioner to demand his share in his father’s property and wanted to live in a separate accommodation. He contends that the behaviour of the respondents worsened day-by-day. Alleged that on 18.06.2019 respondent No. 4 without asking the petitioner or his parents took the minor son along with her and shifted to her parents house. He contends that respondent No.4 had filed several complaints as mentioned below against petitioner and his family members:-

(i) Complaint under Domestic Violence Act titled as Mansi Modi vs. Neelesh & Others, COMA-553-2020 which is pending before learned Judicial Magistrate First Class, Faridabad for 15.01.2025.

(ii) Petition for maintenance under Section 125 Cr.P.C titled as Mansi Modi & another vs. Neelesh Gupta, MNT 125/213/2020 which is pending before learned Principal Judge, Family Court, Faridabad which is now pending for

17.03.2025.

(iii) One FIR No.350 dated 01.10.2022 under Section

34/354/377/406/498-A/506/509 IPC is registered at Police Station, Faridabad in which challan has been filed in learned trial Court and the same is pending for 15.01.2025.

(iv) Respondent No.4 had also filed a Suit for Permanent and Mandatory Injunction titled as Mansi Modi & another vs. Neelesh Gupta and others, CS-125/2022 which is dismissed by the Family Court and now the appeal before High Court is pending in FAO-5701/2023 for 01.04.2025.

(v) Respondent No. 4 had also filed a Divorce Petition bearing HMA No. 1787 of 2024 titled as Mansi Modi Vs. Neelesh Gupta which is pending before learned Principal Judge, Family Court, Faridabad for 20.03.2025.

4. Learned counsel for the petitioner further contends that respondent No. 4 is not residing with the minor child since May 2022, as she is doing job in Pune and the child has been left with the respondent No.5 & 6 i.e. maternal grand-parents and the petitioner is not allowed to meet his son, depriving the love, affection and care of the petitioner. In support of his contention he had