T.P.S. Mann, J. - (1.) IN her petition filed under Sections 6 and 13 of the Hindu Minority and Guardianship Act, 1956, the Petitioner, who is mother of Japbir Singh, aged about 6 years, had prayed for grant of his custody, who, according to her, was staying with Respondents No. 1 and 2. In their written statement filed by them before the Guardian Judge, Respondents No. 1 and 2, who are grand father and grand mother, respectively of the minor child, had averred that the child was taken away from the school by his father Harminder Singh and, therefore, the child was not in their custody. On 11.6.2011, the Petitioner learnt through her relatives that the minor child was kept/detained in room No. 119, Panchayat Bhawan, Sector -18, Chandigarh by his grand mother, i.e. Respondent No. 2. According to the Petitioner, due to the unlawful custody of the minor child in the hands of Respondents No. 1 and 2 as well as Respondent No. 3, who is their son and uncle of the minor child, his life was in danger. Moreover, Respondents No. 1 to 3 were not sending the minor child to the school or allowing him to play with children of his age. Accordingly, she filed the present writ petition under Articles 226/227 of the Constitution of India with a prayer that the minor child be released from room No. 119, Panchayat Bhawan, Sector -18, Chandigarh where he was being kept in illegal detention.
(2.) ON the last date of hearing, learned Counsel for the Petitioner had produced photocopy of admission form dated 23.2.2011 said to have been filled in and signed by Respondent No. 1 when he got admitted the minor child in class -II in Stepping Stones Senior Secondary School, Sector 37 -D, Chandigarh. Accordingly, it was submitted that Respondents No. 1 and 2 had intentionally taken incorrect stand before the Guardian Judge that they were not having the custody of the child so as to defeat the petition filed by the Petitioner. At the same time, they continued to keep the minor child with them and at that point of time detained him in room No. 119, Panchayat Bhawan, Sector -18, Chandigarh. Considering the allegations levelled in the petition and after hearing learned Counsel for the Petitioner, the Court had issued notice of motion for today and a Warrant Officer was also appointed to accompany the Petitioner to Panchayat Bhawan, Sector -18, Chandigarh so as to search for the minor child. In case he was to be found present there, the Warrant Officer was to record his statement and require the person present with the minor child to produce him before this Court.
(3.) PURSUANT to the order dated 14.6.2011, Respondents No. 1 and 2 have come present in person and have also produced Japbir Singh, minor child. Respondent No. 3 has also come present in person though no notice had been issued to him. Similarly, Shri Anil Kumar Puri, Junior Assistant, Panchayat Bhawan has put in appearance in person on behalf of Respondent No. 6. The Warrant Officer has also submitted his report, which is quoted here -in -below: Having been appointed as Warrant Officer, I alongwith Smt. Ravinder Saini, mother of the detenu reached the Police Station, Sector -19, Chandigarh at 05.05 p.m., on 14.6.2011. Shri Janak Rana, SHO, SI Sh. Sucha Singh, HC Sh. Dharam Dev and Sh. Raj Singh, Head Constable were found present in the said Police Station. I requested Sh. Janak Rana, SHO to depute some Police Officers with me to record the statement of detenu, namely, Japbir Singh. He deputed with me Sh. Sucha Singh, SI and Head Constable Sh. Dharam Dev. I alongwith Smt. Ravinder Saini, mother of the detenu alongwith above mentioned Police Officers raided room No. 119 in Panchayat Bhawan, Sector -18, Chandigarh, where detenu Japbir Singh alongwith his grand mother and grand father were found present in the above mentioned room. Then I recorded the statement of detenu namely Japbir Singh and he stated that Smt. Ravinder Saini is his mother but detenu namely, Japbir Singh refused to come alongwith his mother. Then I requested to the deputed Police Officers and detenu's grand father and grand mother to produce the detenu in the Hon'ble Court on 15.6.2011. Statement of detenu's grand father and grand mother was recorded separately, where they stated that the detenu namely Japbir Singh will be produced in the Hon'ble Court on 15.6.2011. Copy of recorded statement of detenu namely Japbir Singh is annexed at 'R1' and statement of detenu's grand father and grand mother is annexed at 'R2'. Entry in this regard was made in the Daily Diary Register at Serial No. 45 dated 14.6.2011. Summons of Respondents No. 1, 2 and 6 were duly served.;