SOHAN PAL Vs. STATE

JUDGEMENT

(1.) This is a criminal writ petition under Article 226 of the Constitution of India wherein prayer is made for directing the respondents to produce the minor daughter of the petitioner from their illegal custody and detention and to hand over the custody of the said minor child to him. Further, prayer is made for issuance of a writ of Mandamus declaring the acts of the respondents in detaining Neelam i.e. wife of the petitioner in Nirmal Chhaya as illegal, arbitrary and unconstitutional and a direction is also sought for imposing damages on the respondents and to award the same by way of compensation to the petitioner and his minor daughter on account of breach of public law duty on their part.

(2.) The facts alleged in the petition are as under:-

(3.) On 18.2.2010, a bone age report was given by Dr. Baba Saheb Ambedkar Hospital, Rohini by the Department of Radio Diagnosis wherein it was reported that the age of Neelam appears to be above or equal to 20 years.