High Court of Punjab and HaryanaCRWP/988/2017dismissed

Lakhvir Kaur v. State Of Punjab & ORS

2017-09-26Mrs. Justice Manjari Nehru Kaul2 pages

CRWP-988-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-988-2017 Date of decision: 26.09.2017 Lakhvir Kaur .... Petitioner versus State of Punjab & ors.

.... Respondents

CORAM:

HON'BLE MR. JUSTICE HARI PAL VERMA

Present:

Mr. Vaneet Kumar Sharma, Advocate for the petitioner.

Mr. A.S.Dhaliwal, DAG, Punjab.

Mr. A.S.Rai, Advocate for respondents No.5 to 9.

**** Hari Pal Verma, J.(Oral) Prayer in this petition, filed under Article 226/227 of the Constitution of India, is for issuance of writ in the nature of Habeas Corpus for release of detenue Gurpreet Singh and Rajbir Singh, the minor sons of the petitioner from the illegal custody of respondents No.5 to 9. Admittedly, in the matrimonial proceedings under Section 13 of Hindu Marriage Act filed by respondent No.5 - Lal Singh, the Matrimonial Court has granted divorce in his favour. The divorce decree is subject matter of challenge in FAO(M) No.46 of 2017 pending before this Court. Respondent No.5 - Lal Singh is father of the children whereas petitioner is mother.

Learned counsel for respondents No.5 to 9 states that the divorce was granted by Matrimonial Court on the ground of cruelty meted out to respondent No.5. Moreover, at this stage, neither respondent No.5 has Sonia Bura 2017.09.28 18:08 I attest to the accuracy and integrity of this document chandigarh

CRWP-988-2017 -2any plan to send his children abroad as alleged in this petition nor he has prepared any passport of his children. In support of his contentions, reply has also been filed, which is taken on record. I have heard learned counsel for the parties. Considering the fact that the petitioner-mother is claiming the custody of the children from the custody of respondent No.5 i.e. father of the children, it cannot be stated that the children are in the illegal custody of respondent No.5. The petitioner has remedy available in accordance with law and no such direction can be issued under Article 226/227 of the Constitution of India in the nature of habeas corpus against respondent No.5 -Lal Singh i.e. father of the children namely Gurpreet Singh and Rajbir Singh.

Accordingly, the present petition is dismissed. (HARI PAL VERMA) JUDGE 26.09.2017 sonia

1. Whether reportable?

Yes

2. Whether speaking/Non-speaking?

Yes/No Sonia Bura 2017.09.28 18:08 I attest to the accuracy and integrity of this document chandigarh