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Vikas vs State Of Haryana & Ors on 24 September, 2018

CRWP No.779 of 2018 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.

CRWP No.779 of 2018
Date of Decision: 24.09.2018

Vikas ….Petitioner

Versus

State of Haryana and others ….Respondents

BEFORE :- HON’BLE MRS. JUSTICE DAYA CHAUDHARY

Present:- Mr. Mayur Karkra, Advocate
for the petitioner.

*****

DAYA CHAUDHARY, J. (ORAL)

This petition has been filed under Articles 226/227 of the

Constitution of India for issuance of a writ in the nature of Habeas Corpus

for appointment of Warrant Officer to search the detenu and produce him

before this Court as the child has illegally been detained by private

respondents No.3 to 5.

Learned counsel for the petitioner submits that the marriage of

the petitioner was solemnized with respondent No.3 on 24.04.2012. Out of

said wedlock, a child was born on 21.09.2014. It has been argued and

mentioned in the petition that the petitioner has also filed a petition under

Section 25 of the Guardian and Wards Act for the custody of minor child at

Family Courts Rohini, Delhi, where, the matter is still pending for

adjudication and sufficient time will be taken to conclude. Learned counsel

also submits that respondent No.3-wife is not allowing the petitioner to

meet the child and also not appearing in the Court.

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CRWP No.779 of 2018 2

Admittedly, the matter under Section 25 of the Guardian and

Wards Act is pending at Family Courts Rohini, Delhi and a habeas corpus

petition is not maintainable for effecting service upon respondent wife or

for allowing the petitioner to meet the child.

No ground is made out to issue a writ in the nature of Habeas

Corpus.

The petition is accordingly dismissed.

However, the petitioner is at liberty to avail the appropriate

remedy.

(DAYA CHAUDHARY)
24.09.2018 JUDGE
gurpreet

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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