Crl. W. P. No. 174 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. W. P. No. 174 of 2010 Date of decision:- 9.2.2010 Babli ... Petitioner Versus State of Haryana & Ors. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Y.S.Turka, Advocate, for the petitioner. Mr. Manish Deswal, DAG, Haryana. Mr. Deepak Sonak, Advocate, for the complainant. Gurdev Singh, J (oral) Heard. The petitioner-Babli has come with the present writ petition of habeas corpus for the release of the detinue-Ajay, who is her son, from the illegal custody of respondent No.3, who is his father. It has been pleaded in the petition that her marriage was performed with respondent No.3 and out of the said wed lock one daughter and two sons were born. All of them were living with her in Village Jhansa. Respondent No.3 filed an application for the custody of those children which is still pending. On 12.1.2010, the detenue had gone out of the house for playing with his friends and thereafter never came back. The matter was reported to the police, but no action was taken by it. In fact respondent No.3 kidnapped the detenue with the help of respondent No.4. Notice was issued to respondent No.3 for producing the detenue in the Court. In compliance with that notice, he came present and produced Crl. W. P. No. 174 of 2010 -2- the detenue in the Court. After taking all steps for removing the influence, if any, of respondent No.3 on the mind of the detenue, a number of question were put to him. Out come of that enquiry is that he left the petitioner of his own in order to join his father with whom he is living happily. It cannot be said that respondent No.3 is illegally detaining the detenue. Therefore, no order can be made for release of that detinue from the custody of respondent No.3, who is his natural guardian. Petition is dismissed accordingly. February 9, 2010 (Gurdev Singh) tripti Judge