NIRMALJIT KAUR versus STATE OF PUNJAB AND ORS.

NIRMALJIT KAUR versus STATE OF PUNJAB AND ORS.

On conclusive proof by DNA test that the child produced was not the petitioner's daughter, and upon findings of deliberate misleading conduct by the respondents intending to usurp property and frustrate lawful custody, the Court directed production of the real child and found the respondents in contempt for their conduct.

Parties
Petitioner: Nirmaljit Kaur; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
06 December 2005
Procedural Posture
Writ Petition (crl.) No. 110 of 2003 Under Article 32 of the Constitution of India; Contempt Petition (crl.) No. 1 of 2005 / Final Judgment and Orders
Outcome
Writ petition allowed; Contempt petition allowed.
Legal Topics
Habeas Corpus, Child Custody, Guardianship, Contempt Proceedings
Constitutional Law Family Law Contempt of Court Habeas Corpus Child Custody Guardianship Contempt Proceedings

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Parties

Nirmaljit Kaur

Petitioner

State of Punjab and Ors.

Respondents

Procedural Posture

Writ Petition (crl.) No. 110 of 2003 Under Article 32 of the Constitution of India; Contempt Petition (crl.) No. 1 of 2005 / Final Judgment and Orders

Legal Issues

  1. 1 Whether the petitioner, as the widow, is entitled to custody of her minor daughter under Article 32 by issuance of habeas corpus.
  2. 2 Whether the respondents committed contempt of the Supreme Court by producing a child not related to the petitioner and making false statements.

Ratio Decidendi

On conclusive proof by DNA test that the child produced was not the petitioner's daughter, and upon findings of deliberate misleading conduct by the respondents intending to usurp property and frustrate lawful custody, the Court directed production of the real child and found the respondents in contempt for their conduct.

Court Disposition

Writ petition allowed; Contempt petition allowed.

Orders

  • Direction in the nature of habeas corpus issued directing respondents 2-5 to produce Simran Batra, the real daughter, before the Supreme Court for custody to the petitioner.
  • Respondents 2-5 found guilty of contempt of court; fined Rs. 2,000 each to be deposited within three days, failing which they will undergo one month simple imprisonment each.