JASWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JASWINDER Kaur-petitioner has filed this petition under Article 227 of the Constitution of India for the issuance of a writ in the nature of habeas corpus for the release of detenues/children namely Mohit Sidhu, aged 6 years son and Ekta son and daughter respectively of deceased Anil Kumar, who are in illegal custody of respondent Nos. 4 and 5.

(2.) IT has been alleged by the petitioner that she was married with Anil Kumar son of respondent Nos. 4 and 5 about nine years ago. Out of this wedlock, one daughter namely Ekta aged about eight years and one son namely Mohit aged about six years took birth and the petitioner was living at Jalandhar with her husband Anil Kumar, who was serving in PAP Jalandhar. Unfortunately Anil Kumar, husband of the petitioner died on 2.3.2009 at Jalandhar after brief illness. The dead body of the deceased was taken to his village chamiari for cremation and the petitioner along with her children/detenues attended the cremation. After the cremation of Anil Kumar, the children of the petitioner were taken by respondent Nos. 4 and 5 forcibly and on demand by the petitioner, she was given merciless beating and thrown out of the house by another sons of respondent Nos. 4 and 5.

(3.) ON notice, respondent Nos. 1 to 3 have filed reply by way of affidavit of Manjit Singh, PPS Deputy Superintendent of Police, (R-1), District Jalandhar and took up preliminary objections the Jaswinder Kaur petitioner was married with Anil Kumar. Out of this wedlock, two children were brought up by respondents Nos. 4 and 5, Anil Kumar was serving in the Police Department and he died due to illness. The petitioner came at the time of the cremation of Anil Kumar. The respondent Nos. 4 and 5 have not detained the children illegally but were brought up by the respondent Nos. 4 and 5 being grandparents. Therefore, the petitioner has no cause of action to invoke the jurisdiction of this Court and the present petition is not maintainable and liable to be dismissed on this ground alone.