DALIP KAUR Vs. S S P MOGA

JUDGEMENT

(1.) IN this writ petition for Habeaus corpus, prayer made is for directing respondent No. 3 to produce the child before this Court and custody of the child be restored to the petitioners who are her guardians.

(2.) MS . Monika Gill, a minor aged 12-1/2 years is daughter of Udham Singh who is son of Dalip Kaur petitioner No. 1, and real brother of petitioner No. 2. The mother of the child is Preet Kamal who was married to Udham Singh. They were married in the year, 1980 and Monika Gill was born out of the wed-lock on 15. 4. 1983. The child having been born in U. S. A. is an American citizen and is holder of passport issued in U. S. A. The father of the minor was earlier married to one Shavinder Kaur and out of that marriage, three daughters were born. After divorcing Shavinder Kaur, Udham Singh married the mother of the minor. He divorced mother of the minor in the year, 1985 and again got married to his first wife namely Shavinder Kaur.

(3.) AT the time of filing of the petition, Udham Singh was not in India, but has come to India to contest the petition. A short affidavit has been filed on behalf of Narinderpal Singh, Superintendent of Police, Moga in which it has been stated that there is a family dispute between the parties to become local guardians of the minor and there is no cause for him to interfere in the family affairs of the petitioners. However, Udham Singh in his written statement has stated that he, Monika and her mother are all American citizens. He has placed on record order dated 18. 7. 1995 of the Superior Court of California, Country of Alameda where by earlier order giving custody of the minor on time-sharing basis has been modified and he has been given sole custody of the minor. He has averred that he is the sole legal as well as natural guardian of the minor and is the best person to take care of physical, mental and emotional needs of the child. It is also his averment that the child is studying and staying in boarding house as per her own wishes. He has further stated that he is ready and willing to take the child to" America for her further studies. 5. In order to know the respective version of the parties and to assess the state of mind of the minor, I talked to them individually in my chamber. After hearing them at length, I found that it was with the consent of Udham Singh, Monika had been living with her grand-mother and studying in Summer Field School, Moga. On 16. 4. 1995, Udham Singh came to India with his wife. He got Monika admitted in the hostel under the care and custody of Principal of the school namely Mrs Asha Dhillon, respondent No. 3 herein. He also left instructions with the Principal that no other person than Sukhdev Singh (his elder brother) or Paramjit Singh (his brother-in-law) should be permitted to see her. The relationship between him and the petitioners had deteriorated because of the transfer of land, which he owned, by his attorney to his mother.