Punjab-Haryana High Court
Pradeep Singh vs State Of Punjab And Another on 30 September, 2011
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Criminal Writ Petition No.1547 of 2011 1
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Writ Petition No.1547 of 2011
Date of Decision: 30.9.2011
Pradeep Singh
... Petitioner
Versus
State of Punjab and Another
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Sanjiv Gupta, Advocate
for the petitioner.
Mr. Gaurav Garg Dhuriwala, Deputy Advocate
General, Punjab, for respondent No.1.
Mr.Jagdish Manchanda, Advocate
for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
Reply has been filed, on behalf of respondent No.2, today in the Court itself. The same is taken on record.
It is stated that the petition under Section 25 of the Guardian and Wards Act, 1890 (hereinafter referred to as "the Act"), is pending in the Court of Civil Judge (Senior Division), Patiala, who is exercising the powers under the Act.
This Court is prima facie of the view that since, regarding the custody of child, a litigation, between the parents, is pending before the Court under the Act, this Court will not be in a position to issue any Criminal Writ Petition No.1547 of 2011 2 direction in the writ of Habeas Corpus.
Learned counsel for the petitioner has submitted that even though the petition is pending before the Court under the Act, still the present petition is maintainable and he can cite a law to this effect.
Before this Court could adjourn the case to enable the counsel to do the needful, learned counsel for the petitioner stated that he will be satisfied in case the Court of Civil Judge (Senior Division), Patiala, is directed to decide the petition under Section 25 of the Act within a stipulated period.
After hearing learned counsel for the parties, the present writ petition is disposed of by directing the Court of Civil Judge (Senior Division), Patiala, to decide the petition under Section 25 of the Act, within a period of four months, from the date of receipt of a certified copy of this order.
(Kanwaljit Singh Ahluwalia) Judge September 30, 2011 "DK"