MANISHA GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions. 1. The question which arises for consideration in the instant petition is as to whether a writ of Habeas Corpus should be issued when the proceedings for the custody of minor are pending between the husband and wife before the Court of Guardian and Wards-Family Court and an order vesting interim custody of the minor has already been passed in favour of the respondent?

(2.) The instant petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ/order/direction in the nature of Habeas Corpus against respondent No.3-father to produce respondent No.4-minor child namely Parv (D.O.B 17/11/2011) who is alleged to have been illegally and unlawfully removed from the custody of the petitioner. FACTS

(3.) The facts in brief as have emerged from perusal of the writ petition are that the petitioner claims to be married to respondent No.3 i.e. Vijay Kumar Masoan. The marriage amongst the parties was solemnized on 3/3/2011 according to the Hindu rites and ceremonies at Shanti Kunj, Haridwar. After the solemnization of marriage, the parties started residing in Bangalore where they lived at different location till September, 2019.