MANGAL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) MANGAL Singh, preferred this writ petition under Article 226 of the Constitution of India, read with Section 482 Code of Criminal Procedure, with a prayer to direct Respondent No. 2, to produce Raj Kaur, along with minor daughter Amandeep Kaur and to give back the custody of the detenue to the Petitioner.

(2.) THAT the detenues are in the illegal custody of Respondent No. 4. Marriage of the Petitioner with Raj Kaur, was solemnized about 15 years back and out of this wedlock there are two sons, one is aged about 10 years, second is 7 years old and one daughter namely Amandeep Kaur, aged about 3 years. On 14.3.2010, Respondent No. 4 had kidnapped Raj Kaur along with minor daughter namely Amandeep Kaur. Matter was reported to the police but no action.

(3.) IN pursuance of the notice, Respondents No. 1 and 2 filed reply and the same is to the effect that Raj Kaur, was turned out of the matrimonial house along with minor daughter Amandeep Kaur. At present Raj Kaur and Amandeep Kaur, are residing in the house of Respondent No. 4 as servant. Raj Kaur, gave an affidavit to the effect that she was turned out of the matrimonial house along with minor daughter and after that she is residing with Respondent No. 4 as servant. Regarding agreement to sell, civil suit was instituted by Respondent No. 4 and the same is pending in Civil Courts at Ferozepur.