RAVI KANT KESHRI Vs. KRISHNA KUMAR GUPTA

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution for issuing a writ of habeas corpus for the release of the minor child Smrity, who at present aged about 2 years 4 months from the custody of opposite parties Sri Krishna Kumar Gupta and others. The petition was filed by Sri Ravi Kant Keshri, the father of the minor child. Ravi Kant Keshri at present is aged about 25 years. He was married to Smt. Anita Gupta daughter of opposite party No. 1 Krishna Kumar Gupta. It is said in the petition that late Anita Gupta was a heart patient. This fact was concealed at the time of marriage.

(2.) After the marriage, the couple lived happily and the child Baby Smirity was born on 6-2-90. The birth of the child was stated to be by surgical operation which has been controverted and said to be a case of forceps delivery. Unfortunately, Smt. Anita Gupta who had gone to her parents, died on 24/25th of February 1990 at Ambikapur. The minor Baby Smirity continued to live with the maternal grandfather and the maternal grandmother, Mama and others at the Parent's house of the deceased Smt. Anita Gupta.

(3.) The present petition for writ of habeas corpus has been filed by the father of the child, claiming the custody of the minor on the ground that the child is being illegally detained by the maternal grandfather and maternal grandmother. It has also been stated that the petitioner No. 1 and his parents are persons of means and are well settled and doing business at Mughalsarai, Varanasi. It has been stated that the petitioner No. 1 being the father is the natural guardian of the child and is entitled to get the custody of the child. It has been also stated that the welfare of the child would be of paramount consideration for the disposal of the petitioner and it is submitted that the petitioner No. 1 is the natural father and his parent, who can look after, care and look to the welfare of the minor child in a better manner.