IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 11.09.2025 Simranjeet Kaur ... Petitioner(s)

V/s State of Punjab and ors. ...Respondents CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Ms. Pooja Dhingra, Advocate, for the petitioner.

Mr. M.S. Toor, AAG, Punjab.

Ms. Parmila Pandey, Advocate, for respondent No.5.

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JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Article 226/227 of the Constitution of India is for issuance of a writ in the nature of Habeas Corpus by directing the respondents No.5 to 7 to produce the minor child, namely, Gurseerat Kaur aged about 03 years and to hand over her custody to the petitioner-mother.

The learned counsel for the petitioner contends that the petitioner was married to Inderjeet Singh son of Sukhdev Singh on 02.06.2021. On account of certain differences and the dowry demand raised by the husband, the petitioner was thrown out of the matrimonial home. Meanwhile, on 23.02.2022, the petitioner gave birth to a girl child. However, the harassment did not stop. She was forced to leave the matrimonial home and was brought back on number of occasions. On January 2025, the petitioner was beaten again and due to fear she consumed Sulphas and was got admitted in the hospital. On the same night, respondent No.5 left the petitioner and her minor daughter-Gurseerat Kaur at her parental house. Later, a compromise was effected. On 19.07.2024, the respondents No.5 to 7 took away the minor child-Gurseerat Kaur from the custody of the petitioner-mother in an illegal and mischievous manner. She, therefore, contends that an appropriate writ be issued.

2. The learned counsel for the State has filed a reply dated 12.08.2025 which is already on record. A perusal of the same would reveal that the statement of the petitioner-Simranjeet Kaur was recorded to the effect that she had handed over the custody of the minor child-Gurseerat Kaur to the family of her in-laws but now wanted her back. The said statement is reproduced hereunder:-

Stated that I am resident of above said address. I have moved an application against my husband Inderpreet Singh Son of Sukhdev Singh and in laws family members residents Fatehgarh Korotana, District Moga for taking custody of my minor daughter back. The marriage of me with my husband was taken place about 4-5 years ago. Due to misunderstandings/differences between them, I have been residing at my parental house. My daughter is living with my in laws and she is school going. Earlier, I, myself, had handed over the custody of minor child Gurseerat Kaur to the family of my in laws. But now I wanted to get my daughter back and about which, I will file requisite case for obtaining custody of minor child into the Hon'ble Court of Law. The verdict of Hon'ble Court will be accepted. Therefore, my application be consigned into record. The statement was recorded, listened and found to be correct.

3. A perusal of the aforesaid statement and the facts would suggest that the petitioner herself left the child-Gurseerat Kaur with her husband and her in-laws and now wants her back.

4. In view of the above, the present petition stands disposed of with liberty to the petitioner to avail her remedies in accordance with law.

September 11, 2025 ( JASJIT SINGH BEDI)

sukhpreet JUDGE