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2021 DIGILAW 1777 (PNJ)

Sandeep Kumar @ Sandeep Chugh v. State Of Haryana

2021-09-24

HARINDER SINGH SIDHU

body2021
JUDGMENT Crl.M.No.1175 of 2021 1. The main case is fixed for 14.10.2021. 2. Prayer is for pre-poning the date of hearing. 3. Notice of the application. 4. Mr.Surender Singh, AAG, Haryana accepts notice on behalf of respondent - State of Haryana. 5. For the reasons recorded in the application, which is supported by an affidavit, the same is allowed. The hearing in the case is pre-poned to 28.09.2021. Crl.M.No.1173 of 2021 6. Prayer is for placing on record additional affidavit of applicant/petitioner. Allowed, as prayed for. Crl.M.No.1174 of 2021 7. By means of this application, the petitioner prays for appointment of a Warrant Officer to produce minor child Kiaan Chugh aged about two and half years, who is stated to be in illegal custody of respondent Nos.5 & 6. 8. Respondent No.4 is the wife of the petitioner. Respondent No.5 is his father-in-law. Respondent No.6 is his brother-in-law. The marriage of the petitioner and respondent No.4 was solemnized on 29.11.2010. From this marriage they have two children namely Nitya Chugh (daughter) aged about ten years and Kiaan Chugh (son) aged about 2 Vi years. Due to matrimonial discord between the couple, respondent No.4 left the matrimonial home in March, 2020 without informing the petitioner, who was abroad at that time. She (respondent No.4) took along her both the minor children and went to her parental home in Sonepat. When the petitioner came back to India in October 2020 he visited respondent No.4 and requested her to return with the children but she refused. 9. The petitioner has filed a petition under Section 9 of Hindu Marriage Act, 1955 before the Family Court at Jind on 03.02.2021 which is pending. 10. The petitioner filed the petition (CRWP-8954-2021) for issuance of a writ in the nature of habeas corpus seeking directions to respondent Nos.2 & 3 i.e Superintendent of Police, Sonepat, and the SHO, P.S Shivaji Colony, Sonepat to get released minor children from the illegal custody of respondent Nos.4 to 6 and produce them before this Court. Notice of motion was issued to respondent Nos.4 & 5 for 14.10.2021. 11. The petitioner and respondent No.4 had been living and working in U.K from 2010 to 2018. They have permission for indefinite stay there. Notice of motion was issued to respondent Nos.4 & 5 for 14.10.2021. 11. The petitioner and respondent No.4 had been living and working in U.K from 2010 to 2018. They have permission for indefinite stay there. The petitioner filed an online application before the High Court Justice Family Division, London for an inherent jurisdiction order in relation to the minor children Nitya Chugh and Kiaan Chugh seeking relief of summary return of the children to India, for location and passport orders and for a range of other orders to ensure the well being of the children. 12. Respondent No.4 appeared before the Court in London through VC and stated that she had removed the children from India without the knowledge or consent of the petitioner because she did not know his whereabouts. She also agreed to make the children available for telephone and/or video contact with the petitioner as may be directed. 13. Vide order dated 26.07.2021, High Court Justice Family Division, London directed respondent No.4 to make the children available to spend time with the petitioner by way of video and/or telephone calls on every Monday, Wednesday and Friday at 18.00 GMT. 14. Pursuant to the order, the petitioner was on video conferencing (zoom calls) with his daughter and son. However, during those calls, the petitioner found that most of the times his son was half asleep. Sometimes respondent No.4 stated that he was asleep. Whenever he spoke to his son he was muted. The background was always hidden. Because of this the petitioner became suspicious of whereabouts of his son. On 16.09.2021, the petitioner, his brother Sunil Chugh, his sister-Poonam Rani and his mother Kamlesh Chugh visited residence of respondent Nos.5 & 6 at Sonepat at about 5.00 p.m to clear their doubts about the whereabouts, well-being and welfare of the minor children. The petitioner was shocked to see that his son Kiaan Chugh was playing with his maternal grand-mother Ms. Sushma Arora. On seeing the petitioner his son ran towards him. However, his maternal grand-mother snatched him away and told the petitioner that the child was not his son. Meanwhile, respondent Nos.5 & 6 arrived at the spot along with their neighbours. The petitioner was physically assaulted. He suffered 10 serious injuries and was referred to BPS Hospital, Khanpur. CT scan of his chest revealed fractures of the anterior ends of right 5th and 6th ribs. Meanwhile, respondent Nos.5 & 6 arrived at the spot along with their neighbours. The petitioner was physically assaulted. He suffered 10 serious injuries and was referred to BPS Hospital, Khanpur. CT scan of his chest revealed fractures of the anterior ends of right 5th and 6th ribs. A copy of the medical record is Annexure P-3. The petitioner's statement was recorded by respondent No.3-SHO, P.S Shivaji Colony, Sonepat but despite his having suffered grievous injuries, no FIR was registered. 15. Sh. Anil Malhotra, Ld. Counsel for the petitioner submits that the 2 Vi year old son of the petitioner is presently in the illegal custody of respondent Nos.5 & 6. Respondent No.4 has gone to U.K. leaving him behind. The petitioner apprehends that his son may be removed to an undisclosed destination abroad or any other place beyond the jurisdiction of this Court. 16. In view of the aforesaid, respondent No.2-Superintendent of Police, Sonepat is requested to immediately depute a senior Police Official to visit the residence of respondent Nos.5 & 6 at #25, Shivaji Colony, Sonepat, locate the whereabouts of the son of the petitioner and satisfy that he is in the safe custody of respondent No.5 and 6. The passport of Kiaan Chugh be taken into possession and retained in safe custody of respondent No.2. The concerned police official would also ensure that the child is produced before the Court on the next date of hearing through Video Conferencing mode from the residence of respondent No.5 and 6. 17. List on 28.09.2021. To be shown in the Urgent List. 18. Meanwhile, Respondents No.5 and 6 are directed not to remove/ take away Kiaan Chugh - the son of the petitioner to any place beyond the borders of District Sonepat. 19. A copy of this petition and the connected application be served on respondent Nos.5 & 6 through respondent No.2. 20. A copy of this order be provided Dasti to Ld. State counsel for onward transmission to concerned quarters for compliance.