GURPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This case was taken up for hearing through video-conferencing due to outbreak of pandemic COVID-19. Petitioner has preferred this petition for the issuance of an appropriate writ in the nature of habeas corpus, directing respondents No.6 and 7 to produce and release the detenue namely Avneet Kaur, aged 9 years, who is daughter of the petitioner from their illegal custody. Petitioner has also prayed for the issuance of directions for taking action against the officials, who have helped respondents No.6 and 7 in removing the detenue from the lawful custody of petitioner.

(2.) Learned counsel for the petitioner submitted that petitioner is serving in Indian Army and is going to retire in January 2021. Minor Avneet Kaur took birth on 30.07.2011 from the wedlock of petitioner and Rajwinder Kaur. Petitioner obtained divorce from Rajwinder Kaur and the custody of minor remained with the petitioner in view of consenting order. Thereafter the petitioner got re-married with one Jasmeet Kaur, but she lived with the petitioner for a short period and thereafter she shifted to Australia and is presently residing there. This marriage is also under litigation.

(3.) Learned counsel further submitted that minor Avneet Kaur remained in proper care and custody of the petitioner being father, her uncle and aunt since 2015, when her uncle got married. The minor was studying in Lady Fatima School, Patiala. Respondent No.6 is the real 'Massi' and respondent No.7 is real 'Massad' of the petitioner. The school of the minor was little far away from Sunam, therefore, for the convenience of the minor and to avoid travelling during school days, a temporary arrangement was made by the petitioner for stay of minor with respondents No.6 and 7.