Crl.Writ Petition No.1427 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Writ Petition No.1427 of 2010 Date of Decision:08.11.2010 Harinderbir Kaur ......Petitioner Versus State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.Veneet Sharma, Advocate, for the petitioner. Mr.Shilesh Gupta, Deputy Advocate General, Punjab, for respondent Nos.1 to 3. Mr.D.S.Pheruman, Advocate, for respondent Nos.4 to 6. **** M EHINDER S INGH S ULLAR , J.(oral) Petitioner-Harinderbir Kaur has instituted the instant criminal writ petition for habeas corpus, directing respondent Nos.4 to 6 to release the detenue Ranbir Singh, or for issuance of writ on the facts and circumstances of the case, in which notice of motion was issued to respondent Nos.4 to 6 for 12.08.2010 vide order dated 03.08.2010. The contesting respondents appeared and filed the reply. Ultimately, the case came up for hearing on 01.09.2010 and a Co-ordinate Bench of this Court (T.P.S.Mann, J.), passed the following order:- “Reply filed on behalf of respondents No.4 to 6 is taken on record and a copy of the same supplied to the learned counsel for the petitioner. After talking to the petitioner on one hand and respondent No.4 on the other, the Court feels that there are chances of amicable settlement between them. Both the parties have expressed their willingness to sort out the matter at their own level for which they Crl.Writ Petition No.1427 of 2010 2 have sought an adjournment. Adjourned to 22.09.2010.” Thereafter, the matter remained pending before the mediator till 11.10.2010, but the reconciliation proceedings did not mature. The contesting respondents in their reply have claimed that since the petitioner has filed a petition(Annexure R-1) under Section 12 read with Section 21 of the Protection of Women from the Domestic Violence Act, 2005, in which she has also claimed the custody of minor child Ranbir Singh, so the instant petition is maintainable. After hearing the learned counsel for the parties, after going through the record with their valuable help and after considering the matter deeply, to my mind, as the petitioner has already filed a petition(Annexure R-1), for directing the respondents to hand over the custody of Ranbir Singh, minor and has already availed the statutory/alternative remedy, therefore, to me, this petition for habeas corpus is not maintainable, which is hereby dismissed as such. Needless to say that, the trial Court will decide the question of custody of the minor child, as expeditiously as possible. November 08, 2010 (MEHINDER SINGH SULLAR) seema JUDGE