Smt. Anita vs State Of Himachal Pradesh & Ors on 2 January, 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

.
Cr.WP No. 3 of 2017.

Date of decision: January 02, 2018.

Smt. Anita ……Petitioner.
Versus
State of Himachal Pradesh ors. ……Respondents.

Coram
The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge.
The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Whether approved for reporting?1 No.

For the petitioner : Mr. Amrinder Singh Rana, Advocate.

For the respondent s : Mr. D.S. Nainta, Additional Advocate

Generals, for respondents No. 1 to 3.

Mr. Dhananjay Sharma, Advocate,
vice Mr. Vijay Pandit, Advocate, for

respondents No. 4 to 6.

Dharam Chand Chaudhary, J. (Oral)

This petition in the nature of habeas corpus has been

filed for seeking a direction to the respondents to produce minor

Anmol, the daughter of petitioner, who allegedly is detained by

respondent No. 4.

2. The petitioner is the wife of respondent No. 4. Minor

Anmol, a female child, is born to them out of this wedlock. The

complaint is that the minor was living with her mother, the

1
Whether the reporters of the local papers may be allowed to see the Judgment? yes.

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2

petitioner, when taken away by respondent No. 4 with an

understanding to drop her at Shimla after few days. The

.

statement Annexure P-3 to the writ petitioner can be referred to

in this regard. He, however, alleged to have backed out from his

commitment as he did not hand over the custody of the child to

the petitioner as agreed upon.

3. The present in the given facts and circumstances is

not a case of illegal detention of the minor or her illegal

confinement and rather she is presently living with her father,

the respondent No. 4 at Rupnagar (Punjab). The said respondent

may have tactfully taken the custody of his minor daughter from

the petitioner, however, we are not commented upon this aspect

of the matter on merit and rather leave this controversy open to

be decided by the competent Court.

4. We have been informed that a petition under the

Guardians and Wards Act has been filed by the petitioner for

seeking custody of minor Anmol before Civil Judge (Senior),Court

No. 1, Shimla. The Writ petition, as such, is disposed of with a

direction to learned Civil Judge to decide the petition filed for

custody of minor Anmol by her mother, the petitioner herein,

expeditiously, preferably on or before 30th June, 2018. Learned

Civil Judge shall also decide the question of visitation rights of

the parties especially the petitioner to visit and meet the minor

pending disposal of the petition filed for seeking her custody.

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5. The parties through learned Counsel representing

them are directed to appear in the trial Court on 16.1.2018.

.

Learned Counsel representing respondent No. 4 shall ensure the

presence of the said respondent before learned Civil Judge

(Senior), Court No. 1, Shimla on the date fixed. If he failed to do

so, he shall be proceeded ex parte and further proceedings in

the petition to be conducted in his absence. Respondent No. 4

is also directed to bring with him minor Anmol on the date fixed

in the trial Court so that the petitioner meet with her in the Court

campus. Learned trial Judge shall ensure that the mother and

child could meet in the District Court Complex either in congenial

atmosphere.

6. The writ petition is accordingly disposed of. Pending

application(s), if any, shall also stand disposed of.

7. An authenticated copy of this order be sent to

learned Civil Judge (Senior), Court No. 1, Shimla for compliance.

(Dharam Chand Chaudhary),
Judge.

(Vivek Singh Thakur),
January 02, 2018, Judge.
(vs)

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