NAVNEET KAUR Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) Present petition Article 226 of Constitution of India for issuance of a writ in the nature of Habeas Corpus for effecting the release of detenue, namely, Shiv Sher Singh, minor son of the petitioner and Navjot Singh, respondent No.4 herein, from the illegal custody of respondent Nos. 4 to 6.

(2.) Learned counsel for the petitioner contended that the marriage between the petitioner and respondent No.4 was solemnized on 12.03.2013 and out of the said wedlock, a male child, namely, Shiv Sher Singh, was born on 24.12.2013, who is now about 4 years of age. The relations between the petitioner and respondent No. 4 remained strained and the petitioner deserted alongwith her minor child and she had gone to her parents.

(3.) Respondent No. 4 had filed a petition under Section 9 of the Hindu Marriage Act, 1956 and parties agreed to reside at Patiala, i.e., separate from respondents No. 5 and 6. On 27.9.2017, respondent No. 4 came to the rented accommodation at Patiala and took the petitioner and minor child to a Gurudwara and thereafter he took them to his residence. Ultimately, on 10.10.2017, the petitioner was again deserted after giving merciless beatings and the minor child was illegally kept in the custody of respondent No.4. Now, respondents No. 4 to 6 are not allowing the petitioner to meet the minor child and to talk to him.