IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 342 of 2010 Date of decision:February 26, 2010 Sandeep Kaur Petitioner Versus State of Punjab and others Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Satbir Gill, Advocate for the petitioner Mr. B.S. Sra, Addl. A.G. Punjab for respondents No. 1 to 3 Mr. Mohd. Yusuf, Advocate for respondents No. 4 and 5 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ of Habeas Corpus for release of detenue Sarabjit Kaur and Karandeep Singh from the illegal custody of respondents No. 4 and 5. Both the children aged about 7 ½ and 6 ½ years have been produced in the Court and they were asked whether they want to remain with their grand mother or with mother. Both the children showed their willingness to live with their grand mother i.e. respondent No. 4 – Surjit Kaur. Learned counsel for the petitioner submits that since the children are of tender age and mother being natural guardian has right of their custody and she should be given the custody of both small children. Crl. Writ Petition No. 342 of 2010 2 Learned counsel for respondents No. 4 and 5 raised an objection that as this petition is only a habeas corpus petition, therefore, the matter relating to handing over the custody of the children can not be decided in this petition. Learned counsel for the respondent – State also submits that the children are not in illegal custody of their grand mother. Since the children have been produced in the Court and both the children have shown their willingness to live with grand mother, therefore, it can not be said that they are in illegal custody of respondents No. 4 and 5. The remedy regarding custody of the children can be availed of by filing a separate petition. The petition stands disposed of. (DAYA CHAUDHARY) 26.02.2010 JUDGE reena