IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 21.02.2025 Veenus Rani ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Chandan Singh Rana, Advocate for the petitioner.

Ms. Swati Batra, Deputy Advocate General, Punjab.

Ms. Riffi Birla Jain, Advocate for respondents No. 4 and 5.

MANISHA BATRA, J. (Oral)

1. The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking issuance of a writ in the nature of Habeas Corpus for the release of detenues, namely Gurleen Kaur and Ashbeer Singh, who are daughter son of the present petitioner, from the illegal custody of respondents No. 4 and 5 and to produce them before this Court.

2. Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with respondent No. 4-Banti Singh on 04.07.2013 and two children i.e. daughter Gurleen Kaur and son Ashbeer Singh (alleged detenues) have born out of the wedlock, who are aged about 10 years and 05 years respectively and presently, they are studying in a school at Abohar. The petitioner is working as Senior Constable in Punjab Police and presently, she is posted at Fazilka. It is further submitted that respondent No. 4 was indulged in wrong activities and has been involved in a case relating to offence under Section 376 of IPC. He is also involved in a case under the NDPS Act. Not only this, he is involved in a murder case also. He was also indulged in adultery as he has developed illicit relationship with a lady. The petitioner is not earning anything. When the petitioner stopped her from doing all this, he started extending beatings to her and ultimately, she was turned out of her matrimonial home. The petitioner had moved an application under Section 100 of BNSS before the SDM, Fazilka for handing over the custody of the children to her but vide order dated 02.01.2025, it was wrongly observed by him that the children were happily residing with respondent. However, a conversation, which took place between the petitioner and her children has been placed on record before this Court in the form of a Compact Disc and it would reveal that in fact respondent No. 4 use abusive language with them and also beats them.

3. Learned counsel for the petitioner has further argued that the petitioner, being mother of the children, is legally entitled to get their custody. The children have been forcefully detained by respondent No. 4, who is not taking his proper care and for the welfare and well being of the child, his custody must be handed over to the petitioner. Learned counsel for the petitioner has relied upon the authority cited as Mandeep Kaur vs. State of Punjab and others : 2021 (3) RCR (Civil) 451 to submit that a habeas corpus writ petition is maintainable for seeking custody of a child, who is illegally detained by someone. While alleging that the custody of the children with respondent No. 4 is not in their welfare, it is urged that an appropriate writ directing the official respondents to get her children released from respondent No. 4 be issued.

4. Reply has been filed on behalf of respondents No. 4 and 5, who are husband and mother-in-law, respectively, of the petitioner. While denying the allegations as levelled by the petitioner, it is submitted therein and learned counsel for respondents No. 4 and 5 has argued that respondent No. 4 is the natural parent of the children and, hence, the custody of the children with him cannot be termed as illegal. He has also raised preliminary objection as to the maintainability of the present petition by submitting that the appropriate remedy for the petitioner would be to file a petition under the provisions of Guardians and Wards Act, 1890 to seek custody of the children and not to file a petition before this Court seeking issuance of