SILKY SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking issuance of writ in the nature of habeas corpus for obtaining the custody of her minor son namely Narotam Sharma, who is alleged to be in illegal custody of respondents No. 5 to 7.

(2.) Brief facts of the case as set up by the petitioner are that the marriage of the petitioner was solemnized with respondent No. 5-Kamal Kishore on 12/3/2020 at Jalandhar. Out of the said wedlock, a male child was born on 27/1/2022, who is the alleged detenue. It is alleged that shortly after the marriage, her in-laws had started to harass her. Her husband-respondent No. 5 was a habitual drunkard and used to give beatings to her. The matrimonial relation of the petitioner with respondent No. 5 witnessed rough weather as she was harassed and maltreated by him. Ultimately, she was thrown out of the matrimonial house on 29/6/2024 by snatching the minor child from her custody. She requested to the private respondents to give her the custody of the child but they did not do so. The petitioner tried to prevail good sense upon the private respondents but they did not mend their ways. The matter was also reported to the police but no action was taken.

(3.) Learned counsel for the petitioner has submitted that respondent No. 5 has forcibly taken the custody of the minor child from the petitioner and the act of respondent No. 5 is not only illegal but also amounts to cruelty to the petitioner as well as child as he was of tender age and needed the care and company of his mother for his upbringing. While submitting that respondent No. 4 is mistreating the minor child and not maintaining him properly, it is urged that a writ of habeas corpus be issued for release of the alleged detenue. To fortify his argument, learned counsel for the petitioner has relied upon the judgments of this Court rendered in Kamaldeep Kaur vs. State of Haryana and others : 2024 SCC Online P&H 8923, Rashneet Kaur vs. State of Haryana and others : 2022 SCC Online P&H 4267, CRWP-9996-2020, titled as Ramita Rani vs. State of Punjab and others, decided on 2/3/2021, CRWP-8319-2020, titled as Mandeep Kaur vs. State of Punjab : 2021 SCC Online P&H 1060.