SUKHJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present is a petition filed under Article 226 of the Constitution of India which is primarily in the nature of a Habeas Corpus seeking release of alleged detenue namely Jasnaaz Kaur who is the daughter of the petitioner and respondent No.5 from the custody of respondent Nos. 6 and 7.

(2.) The facts which have arisen for filing of the present petition are summarized as follows:- The petitioner namely Sukhjinder Singh got married with respondent No.5 namely Avneet Kaur on 29/11/2015 at Ludhiana which was an arranged marriage. The couple was blessed with a girl child on 15/7/2017 at Ludhiana. After the marriage, the couple resided at Ludhiana, Faridkot and some other places in Punjab since respondent No.5 was working as a Probationary Officer in a bank. Thereafter, the petitioner and respondent No.5 decided to move to Canada on the basis of Family Permanent Residency System and in this way, the petitioner, respondent No.5 and the girl child went to Canada on P.R basis on 24/4/2018. At that time, minor girl was even less than 1 year. In Canada the family stayed with one of the relatives of the petitioner from 28/4/2018 to 25/6/2018. However, a matrimonial discord arose between the petitioner and respondent No.5 and there were allegations of beatings by the petitioner towards respondent No.5 and consequently, the respondent No.5 called the police in Canada and respondent No.5 alongwith child were taken to protection home where they stayed for two months.

(3.) Thereafter, respondent No.5 who is the mother of the girl child filed custody proceedings before the Courts at Ontario in Canada and vide Annexure P-2 an order was passed on 14/3/2019 by giving various directions. One of the directions was that respondent No.5 shall deliver the girl child to the parents of the petitioner in India on 18/3/2019. In case she fails comply with the aforesaid directions, then immediately she shall return the child to Brantford, Ontario, Canada and deliver the child into the care of the petitioner. Various other directions were also issued pertaining to costs etc. in this regard.