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2017 DIGILAW 532 (PNJ)

Navjinder Kaur v. U. T. Chandigarh

2017-02-21

A.B.CHAUDHARI

body2017
JUDGMENT : A.B. Chaudhari, J. This Court had made an order on 20.2.2017 appointing Warrant Officer to find out the children, namely, Vansh Kumar Dhall aged 12 years and Bhumi, aged about 11 years and issued notice of motion to the respondents returnable on 21.2.2017. However, the Warrant Officer went on to take action on the same day i.e. 20.2.2017 and with the help of police, traced out the children. That is how, on the request of the Registry, this Court permitted the circulation of this matter today before this Court though the notice was returnable on 22.2.2017. 2. Seen the report made by Shri Bhag Singh Virk, Warrant Officer with DDR No.48. Report shows that there was resistance from the respondent No.4 but then, the Warrant Officer succeeded in getting the children. The children are produced before me. I have made inquiries from the children. Both of them say that they want to reside with their mother, namely the petitioner Navjinder Kaur and they being the Australian citizens, would like to go to Australia with their mother. Learned counsel for the U.T. Chandigarh also states that the children are Australian citizens but their visa has expired on 9.2.2017. 3. In view of the desire explained by the children, namely, Vansh Kumar Dhall and Bhumi Dhall who are aged about 12 years and 11 years and since their understanding is better, this Court is convinced that their custody should be given to their petitioner mother. That is all the more so because respondent No.4, their father, on being called out, is not present in the Court which shows that he has hardly any interest in the children. 4. Be that as it may, children Vansh and Bhumi are allowed to go in the custody of the petitioner-mother from the court itself. The U.T. Chandigarh and the Central Govt. would do their best to help the children for extension or grant of visa for going to Australia. The counsel for the petitioner and the children submitted that their original passports are with respondent No.4 - father. 5. SHO concerned is directed to conduct raids on the house of respondent No.4 and others concerned for finding out the passports of the children Vansh and Bhumi by interrogating respondent No.4 for finding out the passports of the children and make a report to this Court. 6. Put up on 23.2.2017. 7. 5. SHO concerned is directed to conduct raids on the house of respondent No.4 and others concerned for finding out the passports of the children Vansh and Bhumi by interrogating respondent No.4 for finding out the passports of the children and make a report to this Court. 6. Put up on 23.2.2017. 7. Copy of this order be handed over, under the signatures of the Bench Secretary, to learned APP for Union Territory of Chandigarh and the learned Counsel on the panel of the Central Government, for onward transmission and compliance.