Deepak Dhamija vs State of Punjab and Others

Jaswant Singh, J.—Petitioner Deepak Dhamija had filed this petition under Article 226 of the Constitution praying for the issuance of a writ in the nature of Habeas Corpus for the release of his minor son, namely, Madhav from the illegal custody of Respondents No. 4 to 7, who are the mother and the maternal relatives of the child.

Upon notice, the Petitioner and the 13 years old minor son, namely, Madhav and Respondent No. 4-Ritu Dhamija (wife of the Petitioner and mother of the child) and Respondents No. 5 to 7 are present in the court.

The Petitioner, who is present in Court, has had an occasion to interact with the child and he is satisfied as regard his physical well being is concerned. The minor child has expressed his strong desire to reside with his mother (Respondent No. 4) for the time being, who is residing at her parental home. He further states that he does not wish to go to the boarding school where he was studying. This Court finds that the minor child is quite intelligent and informed to make his own decisions. Respondent No. 4-wife has assured the Court that the child would be put up in a good school at Ludhiana.

After hearing the respective parties and keeping in view the issues involved in this petition, I find that no further orders are required to be passed, therefore, this petition has become infructuous.

Disposed of as infructuous. However, it is clarified that nothing expressed hereinabove shall operate to the prejudice of any of the parties in any proceedings.