MANJU DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing respondent No.2 to get released the detenues, namely Anvi, aged about 07 years and Reyansh, aged about 06 years, daughter and son of the petitioners, respectively, from the illegal detention of respondent No.3- grandfather.

(2.) Learned counsel for the petitioners, inter alia, contends that petitioner No.1 is mother and petitioner No.2 is father of the alleged detenues, namely, Anvi and Reyansh, who are aged about 07 years and 06 years respectively. Further, after her marriage with petitioner No.2, petitioner No.1 was selected on the post of Nurse in District Level Cadre on 17/7/2022 and presently, she is posted at Civil Hospital, Kaithal and is residing with her husband-petitioner No.2 at Kaithal. It is further contended that respondent No.3, who is grandfather of the detenues, is working as Inspector in Haryana Police and he asked petitioner No.1 not to join the services of Nurse. However, when the petitioners did not agree, respondent No.3 illegally and without their consent, kept the detenues with him and he is extending threats to them of dire consequences, if they tried to take custody of the detenues and even he is not allowing the petitioners to meet the detenues. Furthermore, the detenues are studying in Mahatama Gandhi High School, Narwana, District Jind in Class 2nd and Class 1st, respectively and when the petitioners tried to meet the detenues even during school hours, they were not allowed to meet on the instructions of respondent No.3. For the last two years, the petitioners are trying to pacify respondent No.3 to hand over custody of the detenues to them being parents of the detenues, however, respondent No.3 did not bend to their request. Learned counsel for the petitioners submits that in view of the tender age of the detenues, who are illegally kept confined by respondent No.3, they must be in custody of the petitioners being parents/natural guardians.

(3.) Notice of motion.