SHIPRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant Criminal Writ Petition has been filed under Article 226 of the Constitution of India for issuance of writ in the nature of Habeas Corpus and for appointment of a Warrant Officer, with a roving writ to search for the alleged detenue namely Mithli Sahni, aged 12 years, allegedly the son of the petitioner.

(2.) Learned counsel appearing on behalf of the petitioner acknowledge that the petitioner and respondent No.5 lived and cohabited together as husband and wife at Ludhiana and that the child namely Mithli Sahni was born out of the said wedlock on 6/12/2012. It is submitted that owing to matrimonial dispute between the parties, the petitioner was allegedly turned out of the matrimonial house on 28/7/2021. He further submits that the petitioner was thereafter constrained to file a petition under Sec. 13 of the Hindu Marriage Act, 1955 for seeking a decree of divorce from respondent No.5 on grounds of cruelty.

(3.) It is contended that a compromise was eventually drawn between the parties and the case filed by the petitioner was withdrawn on the pre-condition that the petitioner as well as the minor child would reside with the respondent No.5 in their matrimonial house.