Rani v. The State Of Punjab And Others

2023:PHHC:129331

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-7123-2023 (O&M) Date of Decision:-05.10.2023 Rani ......Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Shivpartap Khattra, Advocate for Mr. Manjit Singh Khattra, Advocate for the petitioner. Mr. Siddharth Attri, AAG, Punjab.

Ms. Harmanpreet Kaur, Advocate for Mr. Naresh Paul Chandel, Advocate for respondent No. 5. Mr. J.S. Virk, Advocate for respondent No. 6. Mr. Pankaj Bains, Advocate for Mr. Ritesh Aggarwal, Advocate for respondents No. 7 to 10. **** ALOK JAIN, J. (Oral) 1.

At the outset, Ms. Harmanpreet Kaur, Advocate has put in appearance and filed Vakalatnama of Mr. Naresh Paul Chandel, Advocate on behalf of respondent No. 5 in Court today. The same is taken on record. 2.

Learned counsel for the parties are ad idem that the Mediation has failed between the parties but they shall abide by the proceedings already initiated under Section 13(B) of Hindu Marriage Act for divorce by mutual consent, which is now fixed for recording the second motion statement in January 2024.

PARUL 2023.10.11 17:30 I attest to the accuracy and authenticity of this document

2023:PHHC:129331 CRWP-7123-2023 (O&M) -2- 2.

The present petition has been filed under Article 226 of the Constitution of India for issuance of writ in the nature of habeas corpus for production of the detenue-Jyotika, who is the daughter of the present petitioner.

3.

It is submitted by learned counsel for the petitioner that the detenue-Jyotika has been recovered and now she is residing with the petitioner and nothing survives in the present petition. 4.

In light of the above the present petition stands disposed of without expressing any opinion on the merits of the case. 5.

However, it is made clear that filing or pendency of this petition or any order/direction passed in this petition shall not be an alibi or defence to the petitioner, in case, he is found involved in any illegal activity and the respondent-Authorities shall take appropriate action, in accordance with law.

6.

Pending miscellaneous application(s), if any, also stands disposed of.

(ALOK JAIN) JUDGE October 05, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.10.11 17:30 I attest to the accuracy and authenticity of this document