SANJAY ARYA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed Criminal Writ Petition under Article 226/227 of the Constitution of India praying for the issuance of a writ in the nature of Habeas Corpus directing respondent Nos.2 to 4 to get the detenue namely Sanchit Arya (petitioner's son) released from custody of his mother.

(2.) It has been pleaded that the petitioner performed the marriage with respondent No.5 in the year 2007 and out of their wedlock, a son-Sanchit Arya was born on 28.07.2010. The petitioner claims that his father fell ill and on account thereof, he went to meet his father at Kota (Rajasthan) in the month of March. Due to lockdown, he could not come back immediately. On coming back, he came to know that the respondents have already removed all the household articles and his wife and child are missing.

(3.) The petitioner went to the house of his in-laws but did not find them. On being questioned, even his in-laws failed to give any satisfactory reply about their whereabouts. Thereafter, the petitioner came to know from his sister-in-law that respondent No.5 (his wife) has eloped with respondent No.8 on the instigation of respondent Nos.9 (brother-in-law of respondent No.5) and 10. The petitioner submitted a complaint to respondent No.3 but no action has been taken. In para 8 of the petition, it has been pleaded that wife of the petitioner is being enticed to marry with some other person.