CRWP No. 408 of 2017 -1
IN THE HIGH COURT OF PUNJAB HARYANA, CHANDIGARH
CRWP No. 408 of 2017
Date of decision : December 19, 2017
Priyanka Dhanda and another
State of Haryana and others
CORAM: HON’BLE MR. JUSTICE G.S. SANDHAWALIA
Present:- Mr. Gautam Dutt, Advocate and
Mr. Manish Soni, Advocate
for the petitioners.
Mr. Harish Rathee, Sr. DAG., Haryana.
Mr. Aashish Chopra, Advocate
for respondent No.4.
G.S. SANDHAWALIA, J (oral).
The present petition has been filed under Article 227 of
the Constitution of India read with Section 482 of the Criminal Procedure in
the nature of Habeas Corpus to produce the detenue Tanish minor son of
petitioner No.1 and brother of petitioner No.2 who is also aged 11 years.
The alleged illegal custody is of respondent No.4 who is none else but of
In view of the order dated 11.4.2017 the child was
produced before this Court on 14.4.2017. Interaction accordingly took
place. As noticeable the marriage was of the year 2003 and the child has
been born on 18.12.2009 whereas petitioner No.2 had been born on
2.6.2005. It also transpired that respondent No.4 had filed proceedings
before the Guardian court on 30.3.2017 under Section 7 and 10 of the
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Guardian and Wards Act, 1890 for his appointment as a sole and exclusive
guardian as well for grant of exclusive custody of the said child. Before the
said petition came to be listed, a FIR dated 2.4.2017 (Annexure P-1) had
also been lodged by petitioner No.1. The concern of the father was that the
child was required some therapy session.
Resultantly, it was directed that both the parents
including the mother shall also be involved in the therapy session and the
therapist should interact with the child directly without the parents
interfering. It is also pertinent to notice that both the children were going to
common school namely Shri Ram School, Gurugram. On account of the
efforts made the parties had gone back together to the matrimonial home
and the proceedings had been deferred to 28.4.2017.
On the said date, it was noticed that the elder child may have to
undergo some counseling on account of friction between the parents.
Accordingly, the proceedings were further deferred to 8.8.2017, since the
matter before the Family Court was fixed for July and the Court had been
informed that therapy sessions are continuing.
It is not disputed that written statement has also been filed
before the Family Court. Thus, it is not disputed by the counsel that the
couple continue to stay together whereas the petition for custody is still
pending. On this factual position, though the husband and wife are living
under a common roof but they are at variance on account of their
temperamental differences with each other.
Keeping in view the aforesaid circumstances, this Court
is of the opinion that the present petition has been rendered infructuous as
such. Accordingly, the counsel have agreed on instructions from the parents
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present in Court that the custody would remain joint of both the parents and
they would stay together in H. No. D-35, Oakwood Estate DLF Phase II,
Gurugram, during the pendency of the Guardian Court proceedings. This
arrangement is totally interim and in case any party wishes to file any
application for any other relief, it will be open for them to approach the said
Gurardian Court. It is further clarified that as per order dated 14.4.2017 and
28.4.2017 the therapy sessions of the children would continue till they need
The present Criminal Writ petition stands disposed of.
December 19, 2017
Whether speaking/reasoned Yes
Whether Reportable No
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