IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.248 of 2011 Smt.Astami Vs. State of Haryana & others Present: Mr.Deepinder Brar, Advocate, for Mr.Karan Pathak, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner has filed this writ petition praying for direction to take action against respondent Nos.7 to 9, who are responsible for taking away the daughter of the petitioner from her custody. Prayer is also to restore the custody of the child to the petitioner. Obviously, the child has been taken away by her father. The petitioner may have some justification to say that the manner adopted by the father in taking away the child is not appropriate, but to allege that the child has been kidnapped may not be made out. The appropriate remedy for the petitioner is to approach the guardian court where her husband could be summoned and the issue decided as to in whose custody the child should remain. If there has been some illegality involved, the petitioner could have sought a writ of harbeas-corpus. Obviously, that has not been done. Realising the difficulty on the part of the petitioner, the counsel prays for permission to withdraw this writ petition to approach the guardian court for claiming the custody of the child. If the petitioner does so, the guardian court would attend the request of the petitioner with promptitude and decide the same within some time bound period and see that the child is given to the custody of a parent where she either wishes to stay or where the welfare of the child would require her to stay. With the above observations, the writ petition is disposed of. January 06, 2011 ( RANJIT SINGH ) ramesh JUDGE