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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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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