KAWALJIT KAUR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India alleging that the petitioner's minor daughter has been forcibly taken out of her custody and detained against her wishes.

(2.) The facts are controverted by the respondents, who have stated that the petitioner had in fact abandoned the minor child on account of marital dispute between the petitioner and respondent No.2. The respondents have further stated that the child has been residing with them since long and is studying in a good school and is being taken care of properly. On 01.03.2013, this Court had granted the permission to the petitioner to meet the minor child in the school premises since she was taking her examination. Pursuant thereto, the petitioner had met the minor child twice.

(3.) Learned counsel for the petitioner contends that under the provision of Article 226 of the Constitution of India, writ in the nature of habeas corpus is maintainable and it is not necessary that the petitioner should go through rigors of civil proceedings seeking custody of the minor child, particularly, when the custody of the child has been taken forcibly.