NEHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal writ petition has been filed by one Ms. Neha for custody of her minor daughter, namely, Trisha aged about 4 years, who was allegedly taken away by her father in a clandestine manner.

(2.) The petition came up for hearing for admission on 04.04.2020 during Covid-19 lockdown period through video conferencing. Notice of motion was issued and the husband-respondent No.4, who is having the alleged illegal custody of the minor girl, was directed to remain present in person along with minor child on the next date of hearing. Upon service, respondent-husband filed a detailed reply controverting the pleas taken in the petition. The matter was then taken up for final hearing and learned counsels were heard in presence of both the parents. Petitioner (mother) as well as respondent No.4 (father) are educated professionals from reputed institutions, were also heard in person. Mother is stated to be B.Tech in electronics and telecommunications with honors and father is B.Tech followed by MBA.

(3.) Brief facts as contended by the petitioner. Marriage between petitioner and respondent No.4 took place on 12.12.2012 as per Hindu Rites. They started living at matrimonial home bearing Flat No. 1290, Silver City Greens, Zirakpur, which is owned by father of respondent No.4. Out of wedlock, a girl child Trisha was born on 16.05.2016. It is stated that sometime on or about 07.09.2019, the husband, in a pre-planned manner, which unfolded later, shifted the matrimonial home to Flat No. 203, Block- B, GH-86, Sector 20, Panchkula. The petitioner as well as minor daughter Trisha also shifted to the new matrimonial home. However, on 16.11.2019 respondent No.4 along with the minor daughter went to his Zirakpur paternal house on the disguise of her medical treatment. Respondent No.4 initially told the petitioner that he will come back after 15-20 days as he was getting treatment for Trisha who is suffering from congenital 'Talipes Equinovarus' (foot abnormality). Later, it turned out to be a pre-planned conspiracy as respondent No.4 simply deserted the petitioner and started staying with his father at Zirakpur flat. Respondent No.4 told petitioner that he would return after 15-20 days as he was getting treatment for Trisha and kept on saying so for couple of months.