Punjab-Haryana High Court
Darshan Singh vs State Of U.T. Chandigarh And Others on 29 March, 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. W. P. No.111 of 2012
Date of Decision:29.3.2012
Darshan Singh
.... Petitioner
Versus
State of U.T. Chandigarh and others
.... Respondents
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. Parveen Kumar, Advocate for
Mr. Arun Singla, Advocate for the petitioner.
Mr. Ajay Jain, Advocate for respondents No.4 to 6.
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1.Whether Reporters of Local Newspapers may be allowed to
see the judgment?
2.To be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
NIRMALJIT KAUR, J.(Oral)
Prayer in the present petition is for issuance of a writ in the nature of habeas Corpus with a roving writ directing respondents No.1 to 3 to produce detenues, namely Khushbu and Khushi who are in illegal custody of respondents No.4 to 6.
Facts, in short, are that the petitioner is the maternal grand father i.e. Nana of detenues, namely, Khushbhu and Khushi. The marriage of his daughter, namely, Devinder Kaur alias Minni was solemnised with Sanjay Kumar who is brother of respondents No.4 to 6. Out of the wedlock, twin daughters were born namely Khushbu and Khushi. On 21.10.2011, the daughter of the petitioner i.e. mother of Khushbu and Khushi died while she was in her matrimonial home. Accordingly, FIR No.328 dated 21.10.2011 under Section 304-B IPC was registered at Police Station Mani Majra, UT Chandigarh. The mother-in-law of the deceased i.e. Choti Devi was taken into custody. Thus, two minors were being taken care of by respondents No.4 to 6. Whereas, father of the said minors i.e. Sanjay Kumar is stated to Crl. W. P. No.111 of 2012 -2- be residing in Italy. In another pending case, registered at the instance of his first wife, proceedings under Section 82 and 83 of Cr.P.C. have also been initiated against him. One of the girl i.e. minor Khushi died while she was staying with the respondent paternal grand mother.
In pursuance to the earlier orders passed by this Court, today the parties are present in the Court. It is agreed between the parties that the child will stay with the petitioner i.e. Maternal family as an interim measure with liberty to respondent No.7 to file petition under the Hindu Minority and Guardianship Act for the custody of the child. It is also agreed that the child shall visit/meet respondent No.7 once in a month i.e. on the last weekend. It is also agreed that child shall be allowed to stay with respondent No.7 during holidays for at least half of the said period.
In view of the agreed position as above, as interim measure it is ordered as under:
a) the child will stay with the petitioner and his family till as such time the question of custody is decided on an application under Hindu Minority and Guardianship Act 1956 filed by respondent No.7. b) The petitioner shall send the child to the house of respondent No.7 on the last Friday of every month at 5 P.M. till 4 P.M. of Sunday as well as for Ist half of summer vacation and 2nd half of winter vacation in the presence of the Investigating Officer. c) Before sending the child to the house of respondent No.7, the petitioner shall give at least 5 hours prior information to the Investigating Officer, who will make himself available at that time at the house of respondent No.7. In case, for some reasons, the Investigating Officer cannot make himself available, he shall depute an Officer on his behalf to be present at the house of respondent No.7. d) Similarly, the child Crl. W. P. No.111 of 2012 -3- will be handed back to the petitioner on Sunday of the said weekend at 4 P.M. e) The child will be allowed to stay with her paternal grand mother for the Ist half of the summer vacation and 2nd half of winter vacation in the presence of the Investigating Officer as per the arrangements mentioned above. In case, respondent No.7 does not wish the child to come on the particular weekend and holidays, the said information shall be provided in writing to the Investigating Officer, who shall inform the petitioner accordingly.
Disposed of in the above terms.
29.3.2012 ( NIRMALJIT KAUR ) rajeev JUDGE