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Baljit Saini vs The State Of Punjab And Ors on 15 October, 2019

CRWP-488 of 2019
Decided on : 15.10.2019
Baljit Saini
… Petitioner
The State of Punjab and others
.. Respondents

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

and 6.

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 [2]

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.

Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No

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