Balkesh v. State Of Haryana And Others

2023:PHHC:110728

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-W-1260-2023 IN/AND CRWP-8275-2023 Date of Decision: 24.08.2023 Balkesh ...... Petitioner

Versus

State of Haryana and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. J.P.Sharma, Advocate, for the petitioner.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing respondents No.2 to 4 to produce the minor detenue Lakshit aged 7 years and minor detenue Chahak aged 31⁄2 years before this Court as the private respondents kidnapped the minor children and hand over the aforesaid children to the petitioner; along with certain other prayers. 2.

It is not even in dispute that the aforesaid children are in custody of the father and grand-parents (private respondents herein). Under the Hindu Minority and Guardianship Act, 1956, father is a natural guardian, as well. Therefore, by any means, it cannot be said to be a case of illegal custody, as such. Therefore, no petition for a writ of habeas corpus is maintainable.

3.

Dismissed.

4.

However, the petitioner would be at liberty to avail alternate remedy, in accordance with law.

(RAJBIR SEHRAWAT) JUDGE 24.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.24 17:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh