MANDEEP KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of habeas corpus directing respondent No.2 to get detenue-Alizeh Dhalla, minor daughter of the petitioner then aged about two and half years, released from illegal custody of respondents No.4 and 5, hand over her custody to the petitioner and to provide adequate security to the petitioner and her minor daughter.

(2.) The petitioner has averred in the petition that the petitioner was married to respondent No.4 and one daughter named Alizeh Dhalla was born out of the wedlock. There was matrimonial dispute between the petitioner and respondents No.4 and 5 her husband and mother-inlaw. Compromise was effected between them with the intervention of Panchayat and respectables of the locality and the petitioner started living with respondent No.4. Respondents No.4 and 5 left the petitioner in the matrimonial house and called her parents to stay with her on the pretext that they were to go out of station but subsequently lodged FIR No.0133 dtd. 16/11/2019 under Ss. 457 and 380 of the Indian Penal Code, 1860 with the Police Station City Rampura, Tehsil Rampura Phul, District Bathinda on false and frivolous allegations of committing of theft by them and got the petitioner arrested in the above said case. The petitioner was granted bail vide order dtd. 18/11/2019. Thereafter, the petitioner requested respondents No.4 and 5 to give custody of the minor daughter to her but they refused. Due to tender age of the minor child it will be for the welfare and in the interest of the minor child that its custody be handed over to the petitioner-mother. The petitioner submitted representation dtd. 28/11/2019 to Senior Superintendent of Police, Barnala but no action has been taken on the same.

(3.) Notice of the petition was given to the respondents. Respondents No.1 to 3 have not filed any reply/status report in response to the petition.