MEENU GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for issuance of a writ in the nature of Habeas Corpus for releasing detenue Riyansh Gupta, son of petitioner-Meenu Gupta and respondent No.7-Rajender Gupta, who is stated to have been in the illegal custody of his father-respondent No.7.

(2.) Brief facts of the case are that the petitioner was married to respondent No.7 on 2/3/2002 at Gohana and a female child, namely, Riya Gupta and a male child, namely, Riyansh Gupta were born. At the time of filing of the petition in 2018, their respective age was 15 and 09 years. It is submitted on behalf of the petitioner that about 18 months ago, prior to filing of the petition, i.e. around April, 2017, the parties had a matrimonial dispute and respondent No.7 has filed a divorce petition by giving wrong and incorrect facts. The petitioner filed an application under Sec. 24 of the Hindu Marriage Act, seeking interim maintenance. Some maintenance was granted. Thereafter, respondent No.7 did not persue the same and it was dismissed for non-prosecution.

(3.) It is further submitted by counsel for the petitioner that the petitioner is residing with her father and brother at Mohali. On 15/10/2018 when father of the petitioner had gone to drop Riyansh Gupta at Shemrock School, Sector 69, Mohali, respondent No.7 with one unknown person came and forcibly took away Riyansh Gupta with him. In this regard, father of the complainant has given a complaint in Police Station Mataur, SAS Nagar, Mohali and, later on, FIR No. 208 dtd. 16/10/2019 under Sec. 365, 341, 506 IPC, at Police Station Mataur, District Mohali was registered against him.