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2025 DAILYLAW 82483 (PNJ)

RUKSANA BEGUM @ ROOKSANA v. STATE OF PUNJAB AND OTHERS

CRWP/7905/2025 · 2025-07-30

Jasjit Singh Bedi

body2025

Judgment text

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CRWP-7905-2025 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (346) CRWP-7905-2025 (O & M) Date of decision: 30.07.2025 Ruksana Begum @ Rooksana …... Petitioner(s) V/s State of Punjab and ors. ...Respondent(s) CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Shakti Mehta, Advocate, for the petitioner. Mr. M.S. Toor, AAG, Punjab. Ms. Babita Gupta, Advocate, for respondents No.4 and 5. **** JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Habeas Corpus directing the official respondents to produce the minor child-Eyan from the illegal custody of respondents No. 4 to 6. 2. The instant petition has been preferred by the widow mother- Ruksana Begum @ Rooksana with the averments that her 11 years old son, namely, Eyan is in the illegal custody of the parental grand-parents. 3. On 29.07.2025, the following order was passed:- SUKHPREET KAUR 2025.07.30 07:38 I attest to the accuracy and integrity of this document chandigarh CRWP-7905-2025 (O & M) ::2:: Ms. Babita Gupta, Advocate has put in appearance on behalf of respondent Nos.4 and 5 and has filed her Vakalatnama. The same is taken on record. The petitioner is the mother of the alleged detenue Eyan who is stated to be in custody of the private respondents who happen to be the paternal grandparents and paternal uncle. I have interacted with the child and he insisted that he wishes to reside with his grandparents. Be that as it may, as it is a dispute concerning a child, the parties are directed to appear before the Mediation and Conciliation Centre of this Court/Child Counselling Centre to explore the possibility of a settlement on 29.07.2025 at 03.00 PM. Adjourned to 30.07.2025. 4. In deference to the aforementioned order, the parties appeared before the Mediation and Conciliation Centre of this Court/Child Counselling Centre to explore the possibility of a settlement. However, no such settlement could be arrived at. 5. As the dispute is between the petitioner-mother and the private respondents-grand parents of the child-Eyan, I do not wish to entertain the instant petition for Habeas Corpus. However, the petitioner would be at liberty to avail her remedies under the Guardian and Wards Act, 1890/any other relevant Act and if such petition is filed within a period of 04 weeks from today, the concerned Court is directed to conclude the proceedings positively within a period of 08 weeks thereafter. In the interim period, the SUKHPREET KAUR 2025.07.30 07:38 I attest to the accuracy and integrity of this document chandigarh CRWP-7905-2025 (O & M) ::3:: petitioner would be at liberty to visit her son Eyan at #198, Sukhna Colony, Bishangarh, Zirakpur, SAS Nagar (Mohali). 6. The present petition stands disposed of in the above terms. July 30, 2025 ( JASJIT SINGH BEDI) sukhpreet JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2025.07.30 07:38 I attest to the accuracy and integrity of this document chandigarh