SOMVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, by way of this petition for habeas corpus, seeks custody of his daughter Nisha aged 3 years, alleging that respondent Nos. 5 to 7 had illegally taken away her and as such, the minor child is in the illegal custody of the said respondents.

(2.) Learned counsel for the petitioner would submit that his daughter aged 3 years is in illegal custody of respondent Nos. 5 to 7; that respondent Nos. 5 and 6 are the maternal grandparents of the child whereas respondent No. 7 is the maternal uncle; that as per law, the petitioner being father and natural guardian of the child, is entitled to the custody of the child, but he has been deprived of the same, when the said respondents had taken away the child with them. Thus, laying emphasis on the fact that the petitioner being available to look after and take care of his daughter, the custody of the child be restored to the petitioner.

(3.) As would appear from the facts on record, marriage of the petitioner was solemnized with Preeti Sharma (deceased) on 23/11/2017. However, said Preeti Sharma, committed suicide on 3/12/2021 by hanging. FIR No.1144 dtd. 17/12/2021 under Ss. 498-A and 304-B IPC was registered at Police Station Dhamapur, District Jabalpur, against the petitioner. As per the allegations contained in the FIR, Preeti Sharma had committed suicide on account of the torture and harassment caused by the petitioner for bringing less dowry and that the death of Preeti Sharma, was found to have occurred not under the normal circumstances.