Kamaldeep Singh Kalsi v. State Of Punjab And ORS

CRWP-9030-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-9030-2024 Date of Order: 03.12.2024 Kamaldeep Singh Kalsi ... Petitioner(s)

Versus

State of Punjab & others

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Dr. Sandeep Kumar Passi, Advocate for the petitioner(s).

Mr. Akshay Kumar, AAG, Punjab.

Mr. Sanjeev Kumar Arora, Advocate and Mr. Lovish Arora, Advocate for respondents no.6 and 7.

*** ANOOP CHITKARA, J.

1.

The petitioner, who claims to be father of the 11⁄2 year old detenue namely Gurnaaz Kaur, had come up before this Court under Article 226 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus, for custody of his minor daughter, who is stated to be in the custody of her maternal grandparents i.e. respondent nos.6 and 7, as her mother is a citizen of Canada. 2.

I have heard counsel for the parties and gone through the record. 3.

Counsel for respondents no.6 and 7 has drawn the attention of this Court to Annexure R-6/1, which is a consent letter given by the petitioner to the Canadian authorities when he was in Canada, permitting for the child to travel abroad i.e. India. In the said consent letter, the petitioner has specifically given his consent for the child to travel India and stay with Jeet Singh, respondent no.6 from 26.2.2024 to 20.2.2025. 4.

Given above, the stay of the Gurnaaz Kaur, the alleged detenue, is not illegal in any manner.

ASHWANI KUMAR 2024.12.13 11:41 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh

CRWP-9030-2024 5.

Accordingly, the present petition is dismissed. However, liberty is reserved to the petitioner to seek appropriate remedies under the Guardian and Wards Act in accordance with law. All pending applications, if any, shall stand disposed of. (ANOOP CHITKARA) JUDGE December 03, 2024 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2024.12.13 11:41 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh