Gurdas v. State Of Haryana And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 10.02.2021 Gurdas
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present:- Mr. Kapil Khanna, Advocate, for the petitioner. Mr. B.S. Virk, DAG, Haryana Amol Rattan Singh, J. (Oral) Case heard by video conference.
By this petition, filed under the provisions of Article 226 of the Constitution of India read with Section 482 of the Cr.P.C., the petitioner seeks issuance of a writ in the nature of habeas corpus, by way of directions to respondents no.2 and 3 to produce the sister of the petitioner, namely Veerpal Kaur, who is stated to be in the illegal detention of respondent no.4. On 03.02.2021, the following order had been passed:-
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9 Today learned counsel for the petitioner has appeared and submitted that the petitioners' sister is the mother of two children and therefore with her having abandoned the said children and she having been enticed away by respondent no.4, action needs to be taken against him. Upon query to him as to whether she is of the age of majority, he submits that she is so.
-3Upon being asked to cite any law on the subject that if a married woman abandons her children (as alleged) and goes away with other person of her own choice, what action can be taken on such a petition filed by her brother, he has no answer.
Obviously, with the alleged detenue having stated before the learned Magistrate that she had gone of her own will with respondent no.4, and the he had done no wrongful act to her, there is nothing further that this court is required to do in this petition.
Consequently, this petition is dismissed.
Naturally, any grievance that the husband and children of the aforesaid Veerpal Kaur may have, against her, would be considered by the competent court, if any appropriate proceedings are initiated by them. The efforts made by the District Police, Hansi, in tracking down the petitioners' sister and respondent no.4, are highly appreciated. 10.02.2021 (AMOL RATTAN SINGH) vcgarg JUDGE Whether reasoned/speaking: Yes Whether reportable:
No