SANDEEP SINGH Vs. MANMEET KAUR RANDHAWA

JUDGEMENT

(1.) The matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that the marriage of complainant-respondent Manmeet Kaur Randhawa, a Canadian citizen, (for brevity "the complainant") was solemnized on 27.5.2006 as per Sikh rites & ceremonies by way of Anand Karaj, with Sandeep Singh Mann (petitioner No.1) son of Surinder Singh Mann and Harbhajan Kaur (petitioner Nos.2 & 3) at Gurudwara in Toronto, Canada.

(2.) The complainant claimed that her husband Sandeep Singh was twice convicted by the Canadian Court. His application for permanent resident status under the spouse of common law partner in Canada was rejected by the Canadian Authority on the following ground as described in para No.36(2)(a) of the Immigration and Refuges Protection Act:-

(3.) Faced with the situation, Sandeep Singh Mann (petitioner No.1) was deported from Canada to India. He asked the complainant to accompany him to India to enable her to challenge his deportation before the appropriate authority in Canada. Consequently, they started residing in Manimajra, Chandigarh along with petitioner Nos.2 and 3. It was claimed that during the period of her stay, the petitioners have started harassing and beating her. She was even tied with the rope, deprived from food and compelled her to accept their illegal demand of dowry and that baby Gurnoor Kaur Mann will stay in India with them. Since no relative of complainant was available to narrate the tale of her woe, so, she was forced to leave India on 22.8.2011 and her daughter of about two years was forcibly kept by them. Consequently, she moved a petition for return of her daughter and Superior Court of Justice, Brampton, Canada directed her husband Sandeep Singh Mann (petitioner No.1) to hand over baby Gurnoor Kaur Mann to her along with all the original documents, by virtue of order dated 8.6.2012 (Annexure R1).