High Court of Punjab and HaryanaCRWP/6324/2021disposed of

Lakhwinder Singh And ANR v. State Of Ut Chandigarh And ORS

2021-09-06Mr. Justice Avneesh Jhingan2 pages

CRWP-6324-2021 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CRWP-6324-2021 Date of Decision: 06.09.2021 Lakhwinder Singh and another Petitioners

Versus

State of U.T., Chandigarh and others Respondents

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Ashish Gupta, Advocate for the petitioners. Mr. Abhinav Gupta, Additional P.P., U.T., Chandigarh. **** AVNEESH JHINGAN, J (Oral):

[1] Due to COVID-19 situation, the Court is convened through video conference.

[2] This writ petition in the nature of Habeas Corpus is filed alleging that detenue (name not mentioned) i.e. daughter of the petitioners, aged 14 years is in illegal custody of her paternal aunt (respondent No. 5).

[3] Notice of motion was issued. There are factual allegations and counter allegations which are not being commented upon at this stage as it would affect the remedies to be pursued by the parties. The detenue is 14 years old girl and is with the respondent No. 5 for a long period. An attempt was made by this Court by giving opportunity to the parties to find out a workable solution for custody of child till the custody matter is decided. Though baby steps were taken but parties PANKAJ BAWEJA 2021.09.06 18:49 I attest to the accuracy and integrity of this document High Court

CRWP-6324-2021 -2were not able to reach a point of consent. Taking into consideration the fact that there are disputed questions including the allegations vis-a-vis relationship of petitioner No. 1 and 2, this Court exercising its powers under Article 226 of the Constitution of India in writ jurisdiction of High Court, in absence of any evidence and interaction with the child, will not be in a position to decide the welfare of the child. [4] The petition is disposed of with liberty to the parties to avail remedies in accordance with law including under Hindu Minority & Guardianship Act, 1956.

[5] Custody of minor child is involved, in case the petition is moved and makes prayer for interim relief, the Court concerned shall decide the same as expeditiously as possible. [AVNEESH JHINGAN] JUDGE 6th September, 2021

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No PANKAJ BAWEJA 2021.09.06 18:49 I attest to the accuracy and integrity of this document High Court