High Court of Punjab and HaryanaCRWP/5623/2020disposed of

Disha v. State Of Punjab And Others

2020-08-13Mr. Justice Karamjit Singh2 pages

CRWP No.5623 of 2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP No.5623 of 2020 Date of Decision: 13.08.2020 Disha ....Petitioner

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Yashveer Kharb, Advocate, for the petitioner.

Mr. Prabhjot Singh Walia, Asst. Advocate General, Punjab, for respondent Nos.1 to 3.

Mr. Manish Kumar Singla, Advocate, for respondent Nos.4 to 6.

KARAMJIT SINGH , J. (Oral) The case has been taken up through Video Conferencing due to prevailing situation of COVID-19.

Learned counsel for respondent Nos.4 to 6 contended that the petitioner has already approached the Guardian Judge to get custody of Dorthy, whose custody has also been sought through this writ petition in the nature of Habeas Corpous.

In compliance of the order dated 05.08.2020 passed by this Court, today, arrangement has been made by S.S.P, Barnala, whereby, I interacted with Dorthy, daughter of the petitioner, through Video Conferencing. During said interaction, she stated that now she is residing with her grand parents at Barnala while his father is residing separately. She further stated that presently VIRENDRA SINGH ADHIKARI 2020.08.13 21:24

CRWP No.5623 of 2020 -2she is studying in 8th class in Sacred Heart Convent School, Raipur Road, Barnala, but she showed her willingness to live with her mother, i.e., the petitioner-Disha. During further interaction, she stated that the atmosphere in the house of her grand parents is not good for her and she intends to go to the house of her mother. I also interacted with her paternal grandfather, Tarsem Lal (respondent No.5), through Video Conferencing. He has no objection, if Dorthy is taken by her mother along with her from Barnala. At this stage, there is concessus between the learned counsel for the petitioner and learned counsel for respondent Nos.4 to 6 regarding return of Dorthy to her mother's house. So, petitioner can take the custody of her daughter-Dorthy from respondent No.5, in the presence of S.S.P.

, Barnala by appearing before the said police officer on 14.08.2020 at 10:00 a.m. Accordingly, this petition stands disposed of with liberty to approach the Court again, if any cause of action survives. (KARAMJIT SINGH) JUDGE 13.08.

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2020.08.13 21:24