Neero Devi vs State Of Haryana And Others
2023 Latest Caselaw 15169 P&H

                                                        Neutral Citation No:=2023:PHHC:116606




CRWP-8696-2023                                            2023:PHHC:116606

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         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                       CRWP-8696-2023
                                       Date of Decision :- 05.09.2023


Neero Devi

                                                                  .......Petitioner
                    Versus


State of Haryana and others

                                                               .......Respondents


CORAM:- HON'BLE MR. JUSTICE SUVIR SEHGAL


Present: Mr.Parveen Kumar, Advocate
         for the petitioner.


                    ****

SUVIR SEHGAL, J. (ORAL)

1. By way of present writ petition filed under Article 226 of the

Constitution of India, petitioner has approached this Court for issuance of

a writ in the nature of habeas corpus to release the minor child from the

custody of respondents No.5 to 7 and to locate the detenue at premises of

residential house of respondents 5 to 7 i.e. village Chopri, Tehsil

Nilokheri, District Karnal.

2. While placing reliance upon the judgment of the Supreme Court

in Yashita Sahu Versus State of Rajasthan and others, 2020(3) SCC 67,

counsel has urged that a writ of habeas corpus is maintainable to recover

the custody of a child, who has been detained, by the other parent.

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Neutral Citation No:=2023:PHHC:116606

CRWP-8696-2023 2023:PHHC:116606

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3. I have considered the submissions made by counsel for the

petitioner.

4. Concededly, respondent No.5 is the father of the 8 ½ years old

child. There is nothing on the record to show that minor child is in the

illegal custody of respondent No.5. Allegations levelled in the petition are

that the petitioner was forced to leave the matrimonial home but there is

no allegation that respondent No.5 or any of the private respondents have

forcibly detained the child. Although there is no dispute about the

maintainability of the petition, however, in the absence of any material in

support of the allegations, present petition cannot be entertained.

5. Petition is dismissed. Liberty is granted to the petitioner to avail

the remedy available to her in accordance with law to seek the custody of

the child, if so advised.

05.09.2023                                            (SUVIR SEHGAL)
Brij                                                     JUDGE

Whether reasoned/speaking                     :       Yes/No
Whether reportable                            :       Yes/No

Neutral Citation No:=2023:PHHC:116606

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