OM PATI Vs. SURAJ BHAN

JUDGEMENT

(1.) MRS . Om Pati has approached this Court under Article 226 of the Constitution of India for the issuance of the writ of habeas corpus against the respondents-herein, who are the grandfather and grandmother of the minor, for the production of the said minor and to pass appropriate orders for the custody of the minor.

(2.) PETITIONER Om Pati was married to Ram Niwas on 16. 3. 1986 and Kiran @ Monu was born to them on 26. 12. 1988. Ram Niwas had died even on 15. 9. 1988, and after his death the petitioner was living with the family of the respondents till she married the cousin other deceased husband. According to the petitioner at the time of her second marriage, she insisted that she will take her daughter alongwith her but the respondent Nos. 1 and 2 convinced her that she can do so after some time. According to the petitioner inspite of several attempts made by her including Panchayats and a notice, the respondents 1 and 2 are detaining her daughter in illegal custody. According to the petitioner, her daughter is aged about 8 years.

(3.) I have heard the Counsel for both the sides and perused the records.