ANITA Vs. STATE OF HIMACHAL PRADESH & ORS

JUDGEMENT

(1.) This petition in the nature of habeas corpus has been filed for seeking a direction to the respondents to produce minor Anmol, the daughter of petitioner, who allegedly is detained by respondent No. 4.

(2.) The petitioner is the wife of respondent No. 4. Minor Anmol, a female child, is born to them out of this wedlock. The complaint is that the minor was living with her mother, the petitioner, when taken away by respondent No. 4 with an understanding to drop her at Shimla after few days. The statement Annexure P-3 to the writ petitioner can be referred to in this regard. He, however, alleged to have backed out from his commitment as he did not hand over the custody of the child to the petitioner as agreed upon.

(3.) The present in the given facts and circumstances is not a case of illegal detention of the minor or her illegal confinement and rather she is presently living with her father, the respondent No. 4 at Rupnagar (Punjab) . The said respondent may have tactfully taken the custody of his minor daughter from the petitioner, however, we are not commented upon this aspect of the matter on merit and rather leave this controversy open to be decided by the competent Court.