PARMINDER KAUR SANDHU Vs. STATE OF PUNJAB

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 the official respondents to get released the detenues, namely Sargun Kaur Sandhu, aged about 08 years & 09 months and Guntaj Sandhu, aged about 03 years & 07 months, daughter and son of the petitioners, respectively, from the illegal detention of respondent No.5-father.

(2.) Learned counsel for the petitioner, inter alia, contends that the petitioner is citizen of Canada and she is employed in Health Care Field at Edmonton (Canada). Her marriage was solemnized with respondent No.5 on 14/1/2005 and out of this wedlock, two children i.e. the detenues were born and they are also Canadian citizens. In the month of December, 2023, respondent No.5, who was also residing in Canada, came to India and refused to return back, as he is facing criminal charges along with drug charges there and he has apprehension that he would be convicted and imprisoned by Canadian Court. Now arrest warrants have been issued against respondent No.5 and he has been declared as proclaimed offender. Further, the petitioner filed a report against respondent No.5 for theft under value of 5000 Canadian dollars on 8/8/2023 for selling her jewellery in order to get his car out, which was seized by the jurisdictional police in Canada. Furthermore, the petitioner obtained an order dtd. 1/5/2023 (Annexure P-4) from the Provincial Court of Alberta, restraining respondent No.5 from being within 100 meters of her children.

(3.) Learned counsel for the petitioner further contends that on 6/12/2024, the petitioner along with the detenues came to India and on 23/4/2025, respondent No.5 and his family members, by physically assaulting her, took away the detenues along with them and also snatched the documents including passports and other important IDs. Till then, the petitioner has not been allowed even to meet or talk to her children. The petitioner even requested respondent No.5 to release the detenues, but to no avail. Having left with no other option, the petitioner submitted a detailed representation before respondents No.3 & 4 on 23/5/2025 via email, which is available on record as Annexure P-1. Further, respondent No.5 is a drug addict and is involved in one FIR in India. The petitioner along with her children-detenues has to go back to Canada, as the permission for stay in India is expiring in June, 2025 and the detenues have to join their school in Canada. Copies of e-visa and school registration form are available on record as Annexures P-5 & P-6 respectively. Learned counsel for the petitioner thus submits that keeping in view the aforesaid facts and circumstances and also the tender age of the detenues, who are illegally kept confined by respondent No.5, they must be in custody of the petitioner being mother.