LAWS(P&H)-2009-1-4

GURMEET KAUR BATTH Vs. STATE OF PUNJAB

Decided On January 20, 2009
GURMEET KAUR BATTH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) SHAHBAZ Singh was born on 9th November, 2004 to Gurmeet Kaur Batth daughter of Amrik Singh Sandhu, resident of 73, Hepburn Street, Markham, Ontario l353z9, from the loins of Ajaypal Singh batth. Marriage between Gurmeet Kaur batth and Ajaypal Singh Batth had turned sour and their matrimonial dispute had turned bitter. Instead of acting as two responsible adult citizens and loving parents, they have made Shahbaz Singh a pawn for their legal assault on each other.

(2.) BY way of present writ petition in the nature of habeas corpus, mother Gurmeet kaur Batth, petitioner has approached this court for production of Shahbaz Singh, a four years old minor child and thereafter entrustment to her.

(3.) PETITIONER is a citizen of Canada. She came to Amritsar in India for her marriage with Ajaypal Singh. The marriage was solemnized on 21st November, 2002 in amritsar. After the marriage, petitioner returned to Canada in February, 2003 and sponsored immigration of her husband. As a result thereof, Ajaypal Singh reached canada in June, 2003. Parents of Ajaypal singh, Balwinder Kaur Batth and Dilsher singh Batth, who are residents of village bhilowal, Tehsil and District Amritsar, visited Canada to their son Ajaypal Singh and daughter-in-law Gurmeet Kaur on 18th february, 2006. They stayed their till 29th July, 2006. It is projected that petitioner, daughter-in-law requested and entrusted the custody of her son Shahbaz Singh to her mother-in-law, Balwinder Kaur Batth.