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2018 DIGILAW 19 (HP)

Anita v. State Of Himachal Pradesh

2018-01-02

DHARAM CHAND CHAUDHARY

body2018
JUDGMENT Dharam Chand Chaudhary, J —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 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. 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. 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.