IN THE HIGH COURT OF PUNJAB AND HARYANA,
CRWP-488 of 2019
Decided on : 15.10.2019
The State of Punjab and others
CORAM : HON’BLE MR.JUSTICE HARINDER SINGH SIDHU
Present : Mr.Vikas Kapoor, Advocate
for the petitioner.
Mr.Ramandeep Sandhu, Sr.DAG, Punjab.
Mr.Pradeep Sharma, Advocate
for respondents No. 5, 6 and 7.
Harinder Singh Sidhu, J.
This petition has been filed for issuance of writ in the nature
of Habeas Corpus for the release of detenue Avleen Kaur aged about 3
years alleged to be detained in the illegal custody of respondent Nos.5
The petitioner claims that he is Non Resident Indian. He had
gone to Italy to earn his livelihood. He got married with respondent No.7
Gurmeet Kaur on 09.10.2011. On 16.03.2014, a male child Prabhjot was
born to them. In 2016, respondent No.7 came to India alone. She gave
birth to a female child namely Avleen Kaur on 05.09.2016.
It is the case of the petitioner that at the time of birth of
Avleen Kaur, respondent No.7 Gurmeet Kaur fraudulently impersonated
herself to be Manpreet Kaur respondent No.5. In the record of Baweja
Nursing Home, Rup Nagar, brother of the petitioner, Surjeet Singh
respondent No.6 was shown as father of the child and Manpreet Kaur as
her mother. It is only when petitioner came back to India in 2018 that he
got to know about the aforesaid fact. He got registered a case FIR No.78
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CRWP-488 of 2019 
dated 21.04.2018 under Sections 419, Section120-0B IPC at Police Station City
Rup Nagar against respondents No.5 to 7. The case is pending trial
before the Ilaqa Magistrate. He further states that respondent No.7 has
filed a petition for quashing of the FIR in which she admitted that she had
abandoned the child.
It is alleged that child is in the illegal custody of respondents
No.5 and 6 who are her Mama and Mami and they have no right to her
On 12.09.2018, this Court had directed that the child Avleen
Kaur be produced in Court for today. Avleen Kaur is present in Court
along with respondent No.7. Respondent No.7 stated that the child is
living with her and they are presently staying in the parental house of
respondent No.7 where respondents No.5 and 6 are also living.
On the asking of the Court, Ms.Monika Jalota, DAG, Punjab
has interacted with the child Avleen Kaur. The child recognized
respondent No.7 as her mother. She appeared to be comfortable in her
In these circumstances, it cannot be said that the child is in
illegal custody. In any event, the petitioner has already resorted to
appropriate proceedings under the Guardian and SectionWards Act 1980 for
custody of the child.
This petition is disposed of.
15.10.2019 [ HARINDER SINGH SIDHU ]
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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