RAJWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Raj winder Kaur is the mother of alleged detenue child Tamanpreet Kaur, aged about 8 years.

(2.) By way of this writ petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ in the nature of Habeas Corpus to direct the official respondents to produce the detenue Tamanpreet Kaur, daughter of the petitioner, who is stated to be in unlawful and illegal custody of private respondents No.4 to 8; and further to issue direction to respondent No.4 to allow the petitioner to meet the detenue in the house of said respondent No.4 and further to issue any such writ or direction, as deemed fit by this Court.

(3.) According to the petitioner, after her marriage with Bulla son of Fakir Chand, a daughter named Tamanpreet Kaur was bom to her on 11/11/2015. Due to matrimonial differences, they mutually agreed to separate. By way of a panchayati divorce, petitioner separated from the husband. The custody of the detenue child was handed over to her. Thereafter, the petitioner remarried respondent No.4-Nishan Singh on 6/10/2016 and out of this wedlock, another daughter namely Diljot Kaur was bom in 2017. Respondents No.5 to 8 are the parents and brothers of respondent No.4-Nishan Singh i.e., the second husband of the petitioner.