Punjab & Haryana High Court Weekly Round-Up [January 8 - January 14, 2024]

Citations: 2024 LiveLaw (PH) 08-14Nominal Index:X v. State of Haryana & another 2024 LiveLaw (PH) 08X v. Y 2024 LiveLaw (PH) 09Parmila v. State of Haryana and another 2024 LiveLaw (PH) 10X v. Y 2024 LiveLaw (PH) 11Mustak v. State of Haryana and others 2024 LiveLaw (PH)12 Vikramjeet Singh v. Union of India and others 2024 LiveLaw (PH) 13 X v. State of Haryana & Ors. 2024 LiveLaw (PH) 14ReportsParent Cannot Be Held Guilty Of Kidnapping As Both Parents Are Equal Natural Guardians : Punjab & Haryana High CourtTitle: X v. State of Haryana & anotherCitation: 2024 LiveLaw (PH) 08The Punjab & Haryana High Court has made it clear that a parent cannot be held guilty of the offence of kidnapping under Section 361 of IPC as both the parents are "equal natural guardian".While quashing the complaint case against a mother for allegedly kidnapping her 3 years old daughter, Justice Harpreet Singh Brar said that perusal of Section 361 of IPC along with Section 6 of Hindu Minority and Guardianship Act, 1956 indicates that for an offence of kidnapping to be made out, "it is necessary that the minor child is taken away from the custody of a 'lawful guardian.' However, a mother falls well within the ambit of 'lawful guardian,' especially in absence of an order divesting her of the same passed by a competent Court. This Court is of the view that a parent cannot be held guilty of the offence of kidnapping as both the parents of the child are her equal natural guardians."Burden Of Proof On Spouse Seeking Divorce On Ground Of Desertion Is One Of Preponderance Of Probability: Punjab & Haryana High CourtCase Title: X v. YCitation: 2024 LiveLaw (PH) 09The Punjab & Haryana High Court has made it clear that burden of proof on spouse seeking divorce on ground of desertion is of "preponderance of probability."A division bench of Justice Sudhir Singh and Justice Sumeet Goel said, "the burden of proof lies on the spouse seeking divorce but the degree of proof required is of preponderance and not one of being beyond reasonable doubt."Only Final Merit List Should Be Prepared Category-Wise: Punjab & Haryana High Court Quashes PGT Screening Test ResultTitle: Parmila v. State of Haryana and anotherCitation: 2024 LiveLaw (PH) 10Observing that, "social reservations are based on merit, and these are not rigid communal slots," the Punjab & Haryana High Court has made it clear that before drawing the selection list, the meritorious among the reserved category candidates be first considered for selection against open/un-reserved posts.P&H High Court Denies Habeas Corpus Plea For Custody By Mother Of Minor Who Wanted To Stay With Step-Father's Family, Allows VisitationTitle: X v. YCitation: 2024 LiveLaw (PH) 11The Punjab & Haryana High Court has made it clear that a habeas corpus petition is maintainable for custody of a minor child but along with proving the detention illegal, welfare of the child is also important.In the case at hand, a mother had filed a habeas corpus plea seeking custody of her minor daughter born from her first marriage, who was allegedly illegally detained by her second husband and his family, having no relation with the child.'State Investigating Agency Unable To Reach Culprit': Punjab & Haryana High Court Directs CBI To Probe "Brutal" Murder Of 8 Yr Old BoyTitle: Mustak v. State of Haryana and othersCitation: 2024 LiveLaw (PH)12Observing that, “it has become necessary to provide credibility and instil confidence in the public mind”, the Punjab & Haryana High Court has directed CBI probe to investigate the “gruesome murder” of 8 years old boy, after Haryana police failed to find the culprits.Passport | Punjab & Haryana High Court Pulls Up State Authorities For Not Sending Police Verification In Prescribed ProformaTitle: Vikramjeet Singh v. Union of India and othersCitation: 2024 LiveLaw (PH) 13The Punjab & Haryana High Court has pulled up state authorities for not sending the police verification for issuing passport in the prescribed proforma, despite specific directions issued in different cases repeatedly.In September 2023, observing that police authorities are sending incomplete reports which is the "root cause of denial of passport", the High Court directed police authorities to disclose complete status of FIR in verification done for issuing of the passport.Shouldn't Abuse Process Of Law: Punjab & Haryana HC Imposes Cost On Married Teacher Seeking Protection Of Live-In Relationship With StudentCase: X v. State of Haryana & Ors.Citation: 2024 LiveLaw (PH) 14The Punjab and Haryana High Court has imposed a cost of Rs. 50,000 as a "deterrent" on a married maths teacher seeking protection of his live-in relationship with a 19 year old student.Justice Alok Jain said, "...a perusal of the petition shows that petitioner No.2 is a married man and a Math's teacher and apparently petitioner No. is a student. Such kind of petitions deserves to be dealt with strictly, although counsel for the petitioner outrightly prays for withdrawal...

Punjab & Haryana High Court Weekly Round-Up [January 8 - January 14, 2024]

Aiman J. Chishti

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