PREET RANJAN KAUR Vs. HARJIT SINGH

JUDGEMENT

(1.) Prayer in this petition is made by the wife, seeking writ in the nature of 'habeas corpus' for a direction to respondent No.1 (her husband) to produce the minor daughter Iknoor Kaur, who was about 51/2 years old at the time of filing this petition. Marriage between the parties was solemnized on 07.05.2005 and the couple stayed together as husband and wife in Sector 45, Chandigarh. Iknoor Kaur was born to the petitioner out of the wedlock on 22.10.2006. The petitioner was allegedly turned out of matrimonial home on 06.12.2008 alongwith the minor child. She then filed a petition under the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005'). However, on persuasion of the Lok Adalat the petition under the Act of 2005 was withdrawn on 19.12.2009.

(2.) Thereafter, they filed petition for divorce by mutual consent, based on a written compromise dated 24.09.2010 (Annexure R-1) but keeping in view the future of the child and the hostile attitude of the respondent, the petitioner withdrew her consent on the second motion and divorce petition was dismissed on 16.05.2011. It may be noted here that the respondent filed FAO No. 116-M of 2012 against that judgment after delay of 206 days, but that FAO has since been withdrawn on 01.11.2012.

(3.) The facts leading to the filing of this petition briefly are, that the respondent came to the house of the petitioner's father on 13.09.2011 at about 1.30 p.m. and forcibly snatched the child from the lap of the petitioner. The child started crying. While going the respondent remarked that he would return the child by evening but did not do so. He started sending messages that the child would be returned safe only if the petitioner agrees for a divorce. Iknoor Kaur was studying in K.G. Class of Sherwood Convent School, Sector 59, Phase IV, SAS Nagar, Mohali but it was learnt that the child had been shifted to DAV Public Senior Secondary School, Phase X, Mohali. It is contended that health of the child is in a bad shape. Despite gaining height from 110 cms to 114 cms, the child has reduced weight from 17.5 kgs. to 15.6 kgs. within a span of 5 months as appears from the record of health check up, produced by the respondent.