Writ petition for habeas corpus regarding alleged illegal custody due to adoption deed dispute dismissed; petitioner directed to approach Guardians Court.
Petitioner at liberty to approach District and Sessions Judge for Guardians Court consideration; petition disposed of.
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CRWP No. 1955 of 2020 -1-
In the High Court of Punjab and Haryana at Chandigarh
CRWP No. 1955 of 2020 Date of Decision: 27.9.2021
Gurpreet Singh and another
......Petitioners
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Munish Puri, Advocate for the petitioners.
Mr. Avtar Singh Sandhu, Addl. A.G., Punjab.
Mr. Umesh Aggarwal, Advocate for respondent No. 4.
HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing.
This petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus to get release dentenue Domnik, who is alleged to be in the illegal custody of respondent No. 4-Sarabjit Kaur.
Learned counsel for respondent No. 4 has placed reliance on the judgment passed by a Division Bench of this Court in CWP No. 1150 of 1991 titled, General Gurnam Singh Public School (Trust) versus State of Punjab decided on 21.4.1992.
In the present case, there is a dispute regarding the adoption deed dated 27.5.2019, placed on record by respondent No. 4 as Anneuxre R-1, which cannot be decided by this Court by invoking Article 226 of the
Constitution.
GURPREET SINGH 2021.09.28 17:26 I attest to the accuracy and integrity of this document Chandigarh
CRWP No. 1955 of 2020
-2-
Keeping in view the above, the petitioner is at liberty to approach the learned District and Sessions Judge concerned so that the matter can be placed before the Guardians Court, if so desired.
The petition stands disposed of.
(HARNARESH SINGH GILL) JUDGE
September 27, 2021 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2021.09.28 17:26 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the High Court can decide the validity of the adoption deed under Article 226 writ jurisdiction.
Colour shows how this judgement treated each authority
General Gurnam Singh Public School (Trust) versus State of PunjabReferred
CWP No. 1150 of 1991, General Gurnam Singh Public School (Trust) versus State of Punjab, decided on 21.4.1992
1 provisions across 1 enactments
Gurpreet Singh
State of Punjab
Harnaresh Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
