AJAY BANSAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition in the nature of Habeas Corpus has been filed under Article 226 of the Constitution of India for release of baby, Vanshika Bansal, aged about 4 years, daughter of the petitioner from the custody of respondent No. 2 (Faqir Chand Singla), the maternal grandfather of the child. The brief facts that emerge from the pleadings of the parties are that from the wedlock of the petitioner and his wife, Bharti Bansal, a daughter, namely, Vanshika was bora on 16.8.2008. Unfortunately, difference arose between them and the wife started living separately with effect from 24.8.2010. The wife got registered a case against her in-laws bearing FIR No. 45 dated 1.11.2011, against her in-laws under Sections 406, 498-A, 506 of the Indian Penal Code. The proceedings under Section 125 of the Code of Criminal Procedure, and Section 13 of the Hindu Marriage Act, were also initiated by the wife, Mrs. Bharti Bansal. On 15.10.2012, Mrs. Bharti Bansal died under mysterious circumstances for which an FIR against her in-laws was registered on 22.10.2012. The proceedings between Ajay Bansal and his parents-in-law Faqir Chand Singla and Rajrani Singla are pending before the Guardian Judge, Patiala for granting the custody of the minor daughter.

(2.) Notice of motion was issued to the respondents, who appeared and filed their respective written statements.

(3.) Learned counsel for the petitioner argued that respondent No. 2 is a bad character and he was involved in seven FIRs under the Gambling Act. He argued that the father of the petitioner is a retired SMO, the petitioner is a financially sound person and can maintain the minor daughter. He argued that the maternal family of the minor cannot properly look-after the minor and it is in the welfare and interest of the minor to give custody of the minor to the petitioner.