Punjab-Haryana High Court
Sunil Kumar vs State Of Haryana And Others on 11 November, 2022
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-W-1281-2022 in/and
CRWP-7489-2021 (O&M)
Date of Decision:-11.11.2022
Sunil Kumar ... Petitioner
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Naresh Kumar Ganga, Advocate for the petitioner.
Mr. Rahul Mohan, DAG, Haryana.
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GURVINDER SINGH GILL, J. (Oral)
CRM-W-1281-2022 In view of the reasone mentioned in the application, the same is allowed and the main case i.e. CRWP-7489-2021 is restored to its original number and is taken on board today.
CRWP-7489-2021 (Main Case)
1. The instant petition has been filed on behalf of the petitioner-Sunil Kumar seeking issuance of Writ in the nature of a Habeas Corpus for production of his minor child namely Harday aged 6 months, who is alleged to be in illegal custody of the private respondents, which includes petitioner's wife Neetu (respondent No.4).
PANKAJ KAKKAR 2022.11.11 18:20 I attest to the accuracy and authenticity of this document
(2) CRM-W-1281-2022 in/and CRWP-7489-2021 (O&M)
2. Learned counsel for the petitioner submits that petitioner's son suffers from a rare disease i.e. Osteaogenesis Imperfeeta and that since his child is not being provided proper treatment, he needs to be provided treatment from some reputed hospital and that the private respondents are somehow not handing over the custody of the child to the petitioner so as to enable him to make requisite treatment available to the child.
3. During the course of arguments, learned counsel for the petitioner informed that while the petitioner's child is presently being provided treatment from 'Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh', the petitioner intends to take his child to 'Sir Ganga Ram Hospital, New Delhi' for getting the requisite treatment for his child.
4. This Court has considered the aforesaid submissions.
5. The petitioner's child Harday, who was about 6 months old when the instant petition was filed, is presently about 2 years old. He is in the custody of his mother i.e. petitioner's wife Neetu (respondent No.4). Such custody of petitioner's child cannot be called as illegal custody unless there is any specific order of the Court, whereby petitioner's wife had been held disentitled to such custody. Though the petitioner's son is stated to be suffering from rare disease i.e. Osteaogenesis Imperfeeta, but given the fact that he admittedly is being provided treatment from PGIMER, Chandigarh, which is a premier medical institute of the region, the contention of the petitioner that he intends to get his son treated from 'Sir Ganga Ram Hospital, New Delhi' would not justify issuance of any directions in exercise of powers under Article 226 of Constitution of India so as to issue a Writ in PANKAJ KAKKAR 2022.11.11 18:20 I attest to the accuracy and authenticity of this document (3) CRM-W-1281-2022 in/and CRWP-7489-2021 (O&M) the nature of Habeas Corpus. The petition is sans merit and is hereby dismissed.
6. However, the petitioner would be at liberty to approach the Family Court concerned for seeking custody of his child, if there are any other justifiable grounds for the same.
11.11.2022 ( Gurvinder Singh Gill )
pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
PANKAJ KAKKAR
2022.11.11 18:20
I attest to the accuracy and
authenticity of this document