Rahamani v. State Of Punjab And Others

2023:PHHC:116747

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-8791-2023 Date of Decision: 05.09.2023 Rahamani ...... Petitioner

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Siddharth, 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 and 3 to release the minor detenue from the illegal custody of respondent No.4 to 6 and to give the custody of the newly born baby girl to the petitioner.

2.

A perusal of the petition itself shows that the allegation qua the custody of the minor child is against the husband of the petitioner, as well. The husband also is a natural guardian of the minor child under the Hindu Minority and Guardianship Act, 1956. Therefore, it cannot be said by any means that the child is in illegal custody, as such. Hence, the present petition is not maintainable, and the same is dismissed, as such. 4.

However, the petitioner would be at liberty to avail alternate remedies, under the relevant statutory provisions. (RAJBIR SEHRAWAT) JUDGE 05.09.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.09.06 09:47 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh