CRWP-10576-2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-10576-2020 (O&M).

Decided on: February 08, 2021.

Amitjeet Singh Sidhu

.. Petitioner

VERSUS

State of Punjab and others

.. Respondents

* * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

* * *

PRESENT

Mr.Amit Sharma, Advocate,

for the petitioner.

Mr.M.S.Nagra, AAG, Punjab.

Mr.Yashpal Sharma, Advocate,

for respondent No.3.

JASGURPREET SINGH PURI

, J. (ORAL

)

Through video conference

The present writ petition has been filed under Article 226

of the Constitution of India seeking issuance of a writ in the nature of

habeas corpus for the release of alleged detenue namely Nirviah Singh

Sidhu aged 11 years from the alleged illegal captivity of respondent Nos.3

and 4.

Learned counsel for the petitioner has submitted that the

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RAJ KUMAR ARORA

2021.02.25 12:45

I attest to the accuracy and

integrity of this document

CRWP-10576-2020 (O&M)

petitioner is husband of respondent No.3 and they are living separately since

16.6.2018 and respondent No.3 wife is living in her parents home. He has

further submitted that respondent No.3 started living with her boyfriend –

respondent No.4 and on 13.12.2020, she forcibly took away the alleged

detenue with the help of respondent No.4 and therefore, the present petition

has been filed seeking custody of the child.

Notice of the present petition was issued on 17.12.2020

and status report was called for.

It has been stated in the status report filed on behalf of

respondent Nos.1 and 2, by the Assistant Commissioner of Police, Central,

Jalandhar on 6.1.2021, that the respondent No.3 was got married with the

petitioner in the year 2007 and from their wedlock two children namely

Nirviah and Paramveer, aged 11 years and 5 years respectively were born

and respondent No.3 was living at her matrimonial home. Further, it has

transpired that 2½ years back since the petitioner was maltreating

respondent No.3, she was taken to her parental home by her brother and she

was living in severe depression without her children and as such, she had

gone to her matrimonial home on 13.12.2020 and she brought her minor

child Nirviah with her in the presence of her mother-in-law namely Balwant

Kaur, brother-in-law namely Atuljit and sister-in-law namely Aman whereas

other minor child namely Paramveer was living with petitioner. It is further

stated that the petitioner has levelled false allegations that minor child

Nirviah was abducted by respondent No.3 and moreover, respondent No.3 is

the mother of minor child and she has brought minor child along with her in

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RAJ KUMAR ARORA

2021.02.25 12:45

I attest to the accuracy and

integrity of this document

CRWP-10576-2020 (O&M)

the presence of mother, brother and sister of the petitioner as such, it cannot

be said that the minor child was illegally abducted. It has been further stated

in the affidavit that it cannot be said that minor child has been illegally

abducted by respondent No.3. Furthermore, it has been found that so far as

respondent No.4 namely Charanjit Singh is concerned, he was not found

present at the given address and respondent No.3 has also stated that no

such person is living there and she does not know about any such person.

Reply has also been filed by respondent No.3 taking

preliminary objections that respondent no.3 is the mother of the child and it

cannot be said that the child is in illegal custody of his mother. Furthermore,

an objection has been taken that present petition is not maintainable in view

of the fact that remedy lies under the Guardian and Wards Act in order to

get the custody of minor child in accordance with law. Furthermore, said

child was never abducted by respondent no.3 but was taken by her in

presence of mother, brother and sister of the petitioner as such, it cannot be

said that it was an abduction.

I have heard the learned counsel for the parties.

Admittedly, the alleged detenue namely Nirviah aged 11

years is th