RAVINDER SAINI Vs. DALJIT SINGH AND ORS.

JUDGEMENT

(1.) IN her petition filed under Sections 6 and 13 of the Hindu Minority and Guardianship Act, 1956, the Petitioner, who is mother of Japbir Singh, aged about 6 years, had prayed for grant of his custody, who, according to her, was staying with Respondents No. 1 and 2. In their written statement filed by them before the Guardian Judge, Respondents No. 1 and 2, who are grand father and grand mother, respectively of the minor child, had averred that the child was taken away from the school by his father Harminder Singh and, therefore, the child was not in their custody. On 11.6.2011, the Petitioner learnt through her relatives that the minor child was kept/detained in room No. 119, Panchayat Bhawan, Sector -18, Chandigarh by his grand mother, i.e. Respondent No. 2. According to the Petitioner, due to the unlawful custody of the minor child in the hands of Respondents No. 1 and 2 as well as Respondent No. 3, who is their son and uncle of the minor child, his life was in danger. Moreover, Respondents No. 1 to 3 were not sending the minor child to the school or allowing him to play with children of his age. Accordingly, she filed the present writ petition under Articles 226/227 of the Constitution of India with a prayer that the minor child be released from room No. 119, Panchayat Bhawan, Sector -18, Chandigarh where he was being kept in illegal detention.

(2.) ON the last date of hearing, learned Counsel for the Petitioner had produced photocopy of admission form dated 23.2.2011 said to have been filled in and signed by Respondent No. 1 when he got admitted the minor child in class -II in Stepping Stones Senior Secondary School, Sector 37 -D, Chandigarh. Accordingly, it was submitted that Respondents No. 1 and 2 had intentionally taken incorrect stand before the Guardian Judge that they were not having the custody of the child so as to defeat the petition filed by the Petitioner. At the same time, they continued to keep the minor child with them and at that point of time detained him in room No. 119, Panchayat Bhawan, Sector -18, Chandigarh.

(3.) PURSUANT to the order dated 14.6.2011, Respondents No. 1 and 2 have come present in person and have also produced Japbir Singh, minor child. Respondent No. 3 has also come present in person though no notice had been issued to him. Similarly, Shri Anil Kumar Puri, Junior Assistant, Panchayat Bhawan has put in appearance in person on behalf of Respondent No. 6. The Warrant Officer has also submitted his report, which is quoted here -in -below: