Citation : 2023 Latest Caselaw 11845 P&H
Judgement Date : 3 August, 2023
SANGEETA 2023.08.07 12:29 218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2023:PHHC:100165 CRWP-7610-2023 (O&M) Date of Decision: August 03, 2023 GEETA ....Petitioner(s) VERSUS STATE OF HARYANA AND OTHERS .... Respondent(s)
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Nishant Chauhan, Advocate for the petitioner.
Mr. Rajat Gautam, Addl. A.G. Haryana.
3B OK 2 3
ANOOP CHITKARA, J.(ORAL)
This petition has been filed under Article 226 of the Constitution of India for the issuance of writ in the nature of habeas corpus for release of detenue (father-in-law of the petitioner) from the illegal custody of respondent No.4.
2. State counsel submits that they had enquired into the matter and had also recorded the statement of alleged detenue Mahender Singh. As per his statement he wants to stay with his daughter i.e. respondent No.4 and not with the petitioner.
3. Cousnel for the petitioner submits that such statement has been made due to coercion and influence of respondent No.4 and not by his own free will.
4. Argument addressed on behalf of the petitioner is misconceived because a father daughter relationship is much older than the relationship of
the petitioner with her father-in-law.
I attest to the accuracy and authenticity of this
order/judgment
CRWP-7610-2023 (O&M) -2-
The petition has been filed for emotional attachment. Let the petitioner meet her father-in-law once in a week for one hour and in case there is any coercion or influence, petitioner is permitted to file fresh petition. She is also permitted to be accompanied by her lawyer for the purpose of meeting. It is further clarified that at the time when she goes to meet the alleged detenue, in case, he refuses to meet her, she will not force
anybody to allow her to meet him.
5. This order shall remain in force only for one month and eclipse thereafter.
6. Given above, the present petition stands disposed of. Pending
applications, if any, also stand disposed of.
(ANOOP CHITKARA) 03.08.2023 JUDGE Sangeeta
Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
SANGEETA
2023.08.07 12:29
I attest to the accuracy and authenticity of this order/judgment
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