Rajinder Kumar @ Harpreet Singh @ Bittu v. State of Punjab & Anr.

CORAM : HON'BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Jasbir Singh Chahal, Advocate for the petitioner. L.N.MITTAL, J. (ORAL) * * * * Rajinder Kumar @ Harpreet Singh @ Bittu has filed the instant habeas corpus writ petition under Article 226 of the Constitution of India alleging that his wife Sarabjit Kaur, adopted daughter Shavy @ Sharia and daughter Glory are in illegal detention of Jagroop Singh-respondent No.2. The petitioner has alleged that some differences arose between him and his wife and thereupon she started living at her parental house. She also started pressurizing him to grant her divorce, but the petitioner refused to do so. It is also alleged that Sarabjit Kaur got the petitioner summoned to police station and under police pressure and threats, petitioner was made to sign some papers to the effect that the daughters and the household goods will remain with petitioner's wife Sarabjit Kaur.

However, now respondent No.2 has illegally and without any authority detained Sarabjit Kaur and the two minor daughters of the petitioner although respondent No.2 is already married with one Jasbir Kaur and is having two sons aged 29 years and 27 years and a daughter aged 25 years. Criminal Writ Petition No.1862 of 2011 -2- I have heard learned counsel for the petitioner and perused the case file. From the averments of the petitioner in the writ petition itself, it is apparent that the petitioner is at loggerheads with his wife Sarabjit Kaur. He has not even alleged that he has any communication with Sarabjit Kaur. It has also not been alleged that Sarabjit Kaur or anybody on her behalf ever told him that she has been illegally detained by respondent No.2 against her wishes nor there is any other averment or information with the petitioner in this regard. The instant writ petition appears to have been filed with oblique motive just to avoid the effect of some documents signed by the petitioner allegedly under police pressure at the instance of petitioner's wife.

As regards custody of the minor adopted daughter and minor daughter of the petitioner, the petitioner has appropriate remedy to approach Guardian Court for appropriate relief in accordance with law. The instant habeas corpus writ petition is completely misconceived and filed with oblique motive and is meritless. Accordingly without prejudice to any other proceedings, the instant writ petition is dismissed in limine. 22nd September, 2011 'raj' ( L. N. MITTAL ) JUDGE