RANBIR SINGH Vs. SATINDER KAUR MANN

JUDGEMENT

(1.) Through the instant writ petition under Article 226 of the Constitution of India, the petitioner is seeking directions in the nature of habeas corpus, directing release of Haralekh Singh Khosa (aged 5 years) and Mehak Kaur Khosa (aged 3 years), son and daughter of the petitioner from alleged illegal detention by respondent No.1.

(2.) The case set up by the petitioner is that originally he hails from village Tumber Bhan, District Ferozepur and had migrated to Malaysia in the year 1957. Since the petitioner at present is residing in village Tumber Bhan, District Ferozepur, he, therefore, is entitled to invoke the jurisdiction of this Court. As per the averments in the petition, the petitioner got married to respondent No.1 at Chandigarh on 1.3.1998 per Sikh rites. After the marriage, both proceeded to Kuala Lumpur, Malaysia, on 27.3.1998. From their wedklock, son Haralek Singh Khosa was born on 21.6.1999 and daughter Mehak Khosa on 18.6.2001. Since births both the children were registered with the Registrar of Births, Malaysia and, therefore, they are Malaysian citizens.

(3.) In support of this assertion, the petitioner relies on Annexures P-1 and P-2, respectively. It is then asserted that respondent No.1 was working as a Doctor in Government Hospital in Malaysia. It is further averred that on 4.2.2004, without informing the petitioner or anyone else, she left the matrimonial home along with her aforesaid two children and came to India. She did not even inform her employer. She had also brought jewellery articles and other valuable items with her. It is then asserted that the petitioner made certain inquiries and came to know that respondent No.1 had taken a Malaysian Airlines Flight to New Delhi after getting visas issued in favour of all the three. According to the petitioner, even this was against the rules as the petitioner being the father of the children could only apply for issue of visas of the children.