This Court disposed of a criminal writ petition seeking direction for the recovery of a runaway son. The Court held that the son's absence was voluntary due to a matrimonial dispute, not kidnapping or unlawful detention, and no interference was warranted.
None. The petition was dismissed and declined for interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Writ Petition No.1396 of 2011
1
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Writ Petition No.1396 of 2011
Date of Decision: 15.12.2011
Rattan Lal
... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: By Post.
Rattan Lal, Petitioner, present in person.
Mr. J.S. Sandhu, Assistant Advocate General, Punjab, for the respondent.
Kanwaljit Singh Ahluwalia, J. (Oral)
A complaint, received from one Rattan Lal by the Registry of this Court, has been treated as a Criminal Writ Petition. It is stated therein that Inderjit, son of complainant Rattan Lal, on being fed up with the behaviour of his wife, has left home and is untraceable.
Today, petitioner-Rattan Lal along with his son Dinesh Kumar is present in Court. After hearing them, this Court is of the view that there is a matrimonial dispute between Inderjit and his wife Mansi. A grievance of the petitioner is that since family of Mansi had threatened to lodge a case under Sections 406 and 498-A IPC against Inderjit, so he had left his house.
Criminal Writ Petition No.1396 of 2011
2
Neither this is a case of kidnapping nor of unlawful detention. Due to matrimonial dispute, Inderjit left somewhere according to his own volition.
Hence, no interference is warranted in the present writ petition and the same is hereby disposed of. Petitioner, if so advised, may take recourse to the lawful remedy, available to him, for redressal of his grievance, if any subsists.
(Kanwaljit Singh Ahluwalia) Judge
December 15, 2011 “DK”
1 issue framed by the court
Whether the Court should interfere in the custody of a son who has left home due to a matrimonial dispute.
Rattan Lal
State of Punjab
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
