ARNAV KRISHNA KHANNA Vs. MS PURNIMA

JUDGEMENT

(1.) ARNAV Krishna Khanna through his father/natural guardian Sh. Ashwani Khanna and grand -father Sh. L.D. Khanna seeks to ventilate serious grievance against his mother Ms. Purnima, his maternal uncle Alok Dutt, his maternal grand -mother Ms. Sudarshan alias Uma and his Massi Ms. Anu and and his mother's relation Ajay Tiwari respecting the deprivation on their part of the basic human rights peculiar to the minor enshrined and recognised by the Constitution of India.

(2.) THROUGH this Cr. W.P. No. 645 of 1995 filed under Article 226 of the Constitution of India, the prayer is for the issuance of roving writ in the nature of Habeas Corpus or any other direction or order for the production of minor Arnav Krishna Khanna who was deceitfully removed and is being forcibly and unlawfully detained by the respondents and is being kept away from his father/natural guardian by Mrs. Purnima and others in an immoral atmosphere of "Osho Rajeeshi Cult" at Kamal. Basic human rights are being denied to the child by the respondents. He is not being given quality education and health care. He is not being brought up according to the tenents of religion to which he belongs. There is no religious freedom to him. No effort is made to conserve the cultrual heritage of the minor which has devolved upon him from his fore -fathers. He should be restored to the care, protection and lawful custody of his father who is his natural guardian entitled to his custody. If he is restored to his father's custody, that would be restoring the fundamental and other basic human rights guaranteed under Articles 21 and 25 of the Constitution of India and that would also amount to ensuring his all round development -physical, moral and educational. His father is more concerned so far as conservation of his own heritage is concerned being section of the family. As father, he will be regardful of providing every comfort and up bringing to the minor, commensurate with the ethos of his family back -ground and the atmosphere surrounding the family. It is inconducive to the minor to keep him in Arpana Trust Ashram Madhuban, district Kamal where the ethical values have been thrown to the winds and immorality is reigning supreme.

(3.) AFTER marriage to Purnima, it was discovered that she was not a woman of good moral character as she was surrounded by the followers of 'Rajneeshi Osho Cult' who lead promiscuous lives. An effort was made to make her understand the values of proper, religious and pious life. In the beginning, he was pursuaded by her and her mother etc. that he should snap from his parents and be with them. When they failed in their designs, they (respondents) deceitfully removed the minor child out of his keeping. He along with his minor child was invited to Jalandhar and thereafter, he was forcibly pushed out of the house and the child was retained. In nutshell, writ of Habeas Corpus was instituted by Ashwani Khanna his father with a view to taken the minor child out of the custody of his mother Mrs. Purnima painting her black tinged with something which according to them is detracting from the welfare and interest of the minor.