Punjab-Haryana High Court
Raj Kaur vs State Of Punjab And Others on 25 January, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CRWP-702-2024 (O&M) 2024:PHHC:020630
272
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-702-2024 (O&M)
Date of decision: 25.01.2024
Raj Kaur ....Petitioner
Versus
State of Punjab and others ....Respondents
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present:- Mr. Harmanpreet Singh Sehgal, Advocate
for the petitioner.
Mr. Tarun Aggarwal, Sr. D.A.G., Punjab.
*****
PANKAJ JAIN, J. (ORAL)
By way of present petition the petitioner seeks writ in the nature
of Habeas Corpus seeking restoration of custody of alleged detenue
Vanakjot Kaur (daughter of the petitioner).
2. As per the contents of the petition, the petitioner got married to
one Harjit Singh on 03.03.2011. Out of their union, the alleged detenue
Vanakjot Kaur was born on 08.09.2012 and one male child namely
Ravinderjit Singh was born on 06.07.2014. Owing to detrimental
circumstances between the petitioner and her husband, the said marriage was
dissolved by decree of divorce on 09.11.2022 and the custody of the children
remained with the present petitioner.
integrity of this judgment/order
CRWP-702-2024 (O&M) 2024:PHHC:020630
3. Petitioner claimed that after her separation from her husband
she returned to her parental home where she was living with her two minor
children and later on shifted to her elder sister's accommodation i.e.
respondent No.4 at Village Pakka, Tehsil & District Faridkot. Petitioner got
remarried with one Kashmir Singh in May, 2023. Petitioner along with her
son shifted to her new matrimonial house living alleged detenue i.e. girl
child Vanakjot Kaur with respondent No.4 who was preparing for entrance
examination to join Jawahar Navodaya Vidyalaya School. The petitioner
claims that the alleged detenue got admission in the said School which is a
boarding school run by the Government of India and the petitioner used to
visit child at regular intervals. However, during Diwali break, when
petitioner went to see her daughter, she found that the child has already been
taken by respondents No.3 & 4 to their house and the school authorities
refused the petitioner to meet her own's daughter.
4. On 23.01.2024, respondent No.2 was directed to ensure that the
detenue is produced before the Court on 25.01.2024 i.e. today.
5. The Court interacted with the alleged detenue in camera
proceedings in the presence of both the counsels. The child understands and
possesses above the average prudence. She has denied any harassment at the
hands of respondents No.3 & 4. Maternal grandmother is also present in the
Court. Alleged detenue has expressed her willingness to stay with
respondents No.3 & 4.
6. This Court while entertaining the present petition cannot go into
the question of fact to ascertain the welfare of the child which is of
paramount consideration while deciding the matter related to custody of a
integrity of this judgment/order
CRWP-702-2024 (O&M) 2024:PHHC:020630
child but petitioner is natural mother of the child and thus is natural guardian
under Section 6 of the Hindu Minority and Guardianship Act, 1956, but the
child in conversation has expressed no intent to be in the company of the
petitioner.
7. Keeping in view the aforesaid fact and in order to strike a
delicate balance between Sections 6 and Section 13 of the Act, 1956, the
present petition is disposed off with liberty to the petitioner to seek custody
of the alleged detenue by availing appropriate remedy. However, the
respondents No.3, 4 & 5 i.e. the private respondents as well as the authorities
of the school shall not prohibit the petitioner from meeting the child.
Needless to say, for availing meeting with the child, the petitioner shall obey
rules and regulations of respondent No.5-institute.
8. Pending application(s), if any, shall also stand disposed off.
( PANKAJ JAIN )
JUDGE
January 25, 2024
ashish
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
integrity of this judgment/order
