Nikhil Mahajan v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-8204-2025 Date of Decision: 02.09.2025 NIKHIL MAHAJAN ....Petitioner(s)

VERSUS

STATE OF PUNJAB AND OTHERS ....Respondent(s) CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present:

None for the petitioner.

Mr. P.S. Pandher, AAG, Punjab.

Ms. Sanya Shangari, Advocate for Mr. Sarthak Gupta, Advocate for respondent No.5. **** SUKHVINDER KAUR , J. (Oral) Prayer in the present petition under Article 226/227 of the Constitution of India is for issuance of writ in the nature of habeas corpus for the search and release of detenue - Anshul Singla (wife of the petitioner) from the illegal and forcible custody of respondent No.5 - Gian Chand Singla.

Status report by way of affidavit of Satnam Singh, PPS, Deputy Superintendent of Police, City-I, District Patiala (Punjab), on behalf of respondent - State filed in Court today is taken on record. It has been mentioned in the status report that during the inquiry, statement of Gian Chand Singla - respondent No.5 (father of detenue) was also recorded from which it is made out that Anshul Singla and the petitioner are already running into various other litigations. He stated that due to the matrimonial discord, present petition has been filed by the petitioner and it is not with the genuine intention of reuniting with the detenue or for taking care of detenue rather it is a calculated and SANGEETA 2025.09.04 10:38 I attest to the accuracy and integrity of this document

CRWP-8204-2025 deliberate attempt to evade his legal maintenance obligations. The petitioner and his family consider the detenue - Anshul Singla to be impediment and petitioner harbors intentions to remarry. Respondent No.5 has reasonable and well-founded apprehension that they may orchestrate some untoward incident which would cause fatal harm to his daughter. His daughter's life and personal safety are under serious and imminent threat from petitioner and his family members and she is currently unable to suffer a statement due to her severe medical condition. As per status report, from the police inquiry it has been established that Anshul Singla is currently residing with her parents in a normal family care arrangement, where she is receiving appropriate medical care and consistent family support at her parental home.

In the inquiry, no evidence of illegal detention, forcible confinement or restraint on her liberty was found. It has been submitted that current living situation is in her best interest keeping in view her severe disability and the need for constant and dedicated care. Copy of inquiry report has also been appended with status report as Annexure R-3.

Keeping in view the status report, no further orders are required to be passed.

Disposed of.

Pending application(s), if any, shall also stand disposed of. (SUKHVINDER KAUR) September 02, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2025.09.04 10:38 I attest to the accuracy and integrity of this document