KARAN SINGH BAJWA Vs. JASBIR SINGH SANDHU

JUDGEMENT

(1.) HEARD .

(2.) JOINT statement of the petitioner and respondent No.2 has been recorded separately and is placed on record. Prayer in Criminal Writ Petition: The instant habeas corpus petition has been filed by the petitioner - Karan Singh Bajwa against respondent Jasmine Bajwa wife and Jasbir Singh Sandhu father-in-law for production, release and return of the minor children, namely, Kundani Bajwa, daughter and Harman Singh Bajwa, son (hereinafter to be referred as "the children"), who have acquired permanent resident status by immigration to Canada. The averments in petition are that the children have been illegally, wrongfully detained by respondent no.1 Mr. Jasbir Singh Sandhu father-in-law and respondent no.2 -wife Ms Jasmine Bajwa, allegedly contrary to the sole custody and restriction orders dated 01.01.2012 (date of orders is incorrectly mentioned in this petition) passed by the Hon'ble Supreme Court of British Columbia, Canada vide Annexures P/18 and P/19, correct date of these orders is dated 01.08.2012, made without notice to Ms. Jasmine.

(3.) I heard the children, the couple and father-in-law of the petitioner individually and jointly in the chamber. After hearing the petitioner, wife - Jasmine, her father and children, prima facie, I came to a conclusion that this dispute has embroiled upon some mis-understanding between the couple; the petitioner appears to have rushed in huff to the Hon'ble Supreme Court of British Columbia for sole custody, restraint order and children abduction complaint. It is common, in matrimonial disputes that parties rush to the Courts in hot haste without realizing the consequences that may follow thereafter, sometime even leading to marriage break down. During conversation, I advised Jasmine and her father not to file counter to the petition at this stage. I also advised them that before taking recourse to the Court proceedings in such type of cases, one should think twice. I reminded the couple of their vows taken before the sacred book of their faith and told about the significance of the "Anand Karaj" (Blissful Union) and the four holy verses sung while performing the four wedding rounds, walking around the Sri Guru Granth Sahib, sacred book of Sikhs, as bride and bridegroom in the presence of congregation. During the Court mediation efforts, after hearing the parties, I deemed it appropriate to take personal initiative to save the family instead of sending parties to mediation center of this Court. I reminded them about their culture, values and moral commitments, how the marriage differences used to be solved in their country of origin (India) where they have grown up. They should recall their past and see how their parents and ancestors used to solve family issues, the seriousness of adverse effect on growth and mental state of the children in case of prolonging disputes and misunderstanding between parents. I suggested to the couple for amicable settlement of their dispute. They willingly agreed to my suggestion. Considering my suggestions they did not even had a second thought, they immediately willingly agreed to reside together initially on experimental basis along with children for a week. Accordingly, direction was issued to live together in a hotel in Chandigarh and following order was passed by this Court on 08.08.2012: