LAWS(P&H)-2021-12-55

PINKI AGARWAL Vs. STATE OF PUNJAB

Decided On December 20, 2021
Pinki Agarwal Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner has approached this Court by way of filing the instant Criminal Writ Petition seeking a direction in the nature of Habeas Corpus for seeking custody of her minor son Kanav born on 1/1/2018 who has been illegally retained by respondent No. 4, against wishes of the petitioner.

(2.) In brief, the facts as stated are that the petitioner was married with respondent No. 4 on 11/12/2016, out of which wedlock a minor son was born on 1/1/2018. The marriage was solemnised after a long period of courtship, as the same was opposed by the parents of respondent No. 4, being from a Brahmin community and the petitioner belonging to the Marwari community. The marriage with respondent No. 4 did not survive long due to the constant interference by the in-laws. The brother of the petitioner would come all the way from Kolkata to try and sort out the differences between the petitioner and respondent No. 4 and his parents. However, the petitioner was thrown out of her matrimonial home on 30/12/2019 and not allowed to attend her son's birthday which was on the very next day i.e. 1/1/2020. It is alleged that respondent No. 4 and his family members told that the petitioner could join the family on fulfillment of demand of Rs.10.00 lakhs, which was reduced to Rs.5.00 lakhs and as she could not meet that demand she was forced to go to Kolkata. It is also stated that the petitioner along with her brother and brother-in-law came to Jalandhar and visited the house of the petitioner, however no fruitful solution came about. On 3/3/2020 she was denied entry in the house and also not allowed to meet her minor child. A DDR was registered with the police station in this regard. On account of threats being extended, the petitioner and her brother returned to Kolkata on 4/3/2020. It is further alleged that the petitioner tried to reach the respondent-husband many times but to no avail. Being denied access to her minor child, this Criminal Writ Petition has been filed seeking the custody of the minor child.

(3.) Mr. Harpreet Singh Sandhu, learned counsel appearing on behalf of the petitioner would contend that by virtue of Sec. 6 of the Hindu Minority and Guardianship Act 1956 ('the Act of 1956' for short), the custody of a child under the age of 5 years is to remain with the mother. It is argued that the petitioner has been deprived of her minor child, who being of a very tender age will require all the nurturing and care as can be given only by a mother. It is submitted that the petitioner is well qualified as a dietician and is able to look after the welfare of the minor child. An affidavit dtd. 4/12/2021 has been filed stating that the pettioner is earning between Rs.30,000.00 to Rs.35,000.00 per month as a dietician.