IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-4744-2025 DECIDED ON: 12.05.2025 GURWINDER KAUR .....PETITIONER VERSUS STATE OF PUNJAB AND ORS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Parvinder Singh, Advocate for the petitioner.

Mr. Jastej Singh, Addl. A.G., Punjab. SANDEEP MOUDGIL, J (ORAL)

1. The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing the respondents to produce the minor children. namely (1) Opinderpreet Kaur (daughter, born on 17.06.2012) and (2) Sahil Singh (son, born on 14.09.2016), presently in illegal custody/detention of Respondent Nos. 2 and 3 and hand over their custody to the petitioner, who is the natural guardian and mother of the minor children.

2. In pursuance to the order dated 08.05.2025, report dated 12.05.2025 of warrant officer has been received, which is taken on record. Copy thereof has been supplied to the learned counsel for the petitioner as well as to private respondents No.2 and 3, namely, Darshan Kaur (mother-in-

law of the petitioner) and Gurvinder Kaur (sister-in-law of the petitioner).

3. It would be worth noticing here that the petitioner is mother of alleged detenues namely Opinderpreet Kaur (daughter) and Sahil Singh (son), who aged 13 years and 08 years respectively, who happen to be minor and has been forcefully and illegally detained by respondents No.2 and 3 against the wishes of the petitioner.

4. This petition also came to be preferred invoking the jurisdiction of this Court under Article 226 of the Constitution of India for issuance of writ of Habeas Corpus once in the family Court, the petition under Sections 7 and 25 of Guardianship and Wards Act stands withdrawn only after the death of the husband of the petitioner, who unfortunately died on 20.04.2025 at the age of 40 years.

5. The situation became worst for the petitioner when she attended the cremation and Bhog rituals of her husband, wherein her minor children were neither present nor were allowed to meet her, despite her repeated requests.

6. Since, the petitioner is not being allowed to meet the children though her bona fide is quite apparent from the fact that after the death of her husband, had the petition filed by her under Section 125 Cr.P.C. was withdrawn on the same date and now, she only seeks indulgence of this Court seeking the relief of custody of her minor children from the clutches of illegal detention of respondents No.2 and 3.

7. Considering the aforesaid facts and circumstances, this Court passed the following order on 08.05.2025:-

“This petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing the respondents to produce the minor children namely (1) Opinderpreet Kaur (daughter, born on

17.06.2012) and (2) Sahil Singh (son, born on 14.09.2016), presently in illegal custody/detention of Respondent Nos. 2 and 3, before this Court and hand over their custody to the petitioner, who is the natural guardian and mother of the minor children.

Registry is directed to appoint a Warrant Officer, who shall visit the alleged places of detention and any other place as may be pointed out bythe petitioner. In case the Warrant Officer finds the alleged detenues in the illegal detention confinement of respondents No. 2 and 3, he shall proceed to set her free forthwith and record their statements. Warrant Officer may take the help from the concerned police station, if need so arises.

Report to this effect shall be prepared and submitted by the Warrant Officer on or before the next date of hearing. The remuneration of the Warrant Officer shall be borne by the petitioner.

List on 12.05.2025.”

8. In compliance to the above order, warrant officer has submitted his report, wherein respondents No.2 & 3 got recorded their statements and denied to handover the custody of minor children under the pretext that it would be