Harpreet Kaur v. State Of Punjab And ORS

2023:PHHC:096957

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-1381-2021 Date of Decision: 28.07.2023 Harpreet Kaur ......PeƟƟoner(s) Vs.

State of Punjab and others ......Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. A.D.S. Sukhija, for the peƟƟoner.

Mr. Karunesh Kaushal, AAG, Punjab.

Mr. M.K. MiƩal, Advocate for respondents No. 4 to 6. ---- ANOOP CHITKARA J. (ORAL) 1.

The present peƟƟon has been filed to issue a writ in the nature of Habeas Corpus direcƟng the official respondents to produce the minor child namely Assess Kaur, who is in illegal custody of respondents No. 4 to 6 and hand over the custody to the peƟƟoner, being her mother.

2.

Counsel for the respondent submits that minor child is a tennis player and performing well. In case, this Court passes any order disturbing her custody that can impact her carrier as player.

3.

On the other hand, counsel for the peƟƟoner submits that custody be given to her and they have no objecƟon if visiƟng rights be given to the respondent. 4.

AŌer hearing counsel for both the parƟes, this Court deems it appropriate that on every, Saturday, Sunday and during vacaƟons, the peƟƟoner will go to the house of respondent No. 4 and pick her daughter and permiƩed to stay with her at her village and drop her back well before her school/match. When she goes to pick the child, she shall also carry some decent giŌs for the family also. The permission to stay with her daughter during Sunday/holiday or in vacaƟon is subject to the condiƟon that her match or pracƟce shall not be hamper. In case of any difficulty faced by either of the parƟes, they can approach their counsel, who will interact with the counsel of other party and will JYOTI 2023.08.01 09:01 I attest to the accuracy and integrity of this order/judgment.

2023:PHHC:096957 solve the issues. This seƩlement shall go on for one hundred days. Suppose the peƟƟoner approaches the competent Court, under the Guardians and Wards Act, of 1890, before 100 days, in that case, the concerned Court may proceed further following the law except diluƟng this porƟon of the order unƟl the compleƟon of one hundred days.

5.

With the previously menƟoned observaƟons, the present peƟƟon is partly allowed. This order shall eclipse automaƟcally aŌer 100 days. All pending applicaƟons, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 28.07.2023 JyoƟ-II Whether speaking/reasoned:

Yes/No Whether reportable:

No JYOTI 2023.08.01 09:01 I attest to the accuracy and integrity of this order/judgment.